ALLOTTEE’S COVENANT. 6.1.1 In the event of the Allottee/s failing to pay the afore sums, in the manner provided in Schedule D or cancel/withdraw from the Project except for the default of the Promoter, then the Promoter at their discretion after due notice of 15 days to the Allottee/s is entitled to cancel this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture of the Booking Amount,applicable taxes and charges the Promoter shall refund the monies collected from the Allottee/s within 90 days of such cancellation without interest, simultaneous to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/their/its Constituted Attorney and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name of the Allottee/s without recourse to the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return to the Promoter all the original documents, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation and registration of the Agreement and/or sale deed by the Allottee/s. Alternatively, the Promoter shall be entitled for interest as prescribed under the RERA Act, TNRERA Rules for such delayed payment by the Allottee/s, subject to the Promoter constructing the Apartment as per the time lines committed by them. 6.1.2 The Allottee/s xxxxxx agrees that the assignment of the Allottee/s’s right under this agreement to any third party is subject to the prior written permission of the Promoter and further agrees to pay to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee). 6.1.3 The Parties hereby confirm that this Agreement and the Agreement for Sale of even date entered into by the Allottee/s and eventually the Sale Deed foe the shall co-exist or co-terminate. 6.1.4 It is specifically agreed by the Allottee/s that the Allottee/s shall bear all statutory charges from the date of intimating the readiness of the Apartment for handover by the Promoter in accordance with the following: (a) the minimum electricity and water demand charges ; (b) property taxes in respect of the Apartment and other outgoings and expenses incurred by the Promoter for maintenance of the Apartment; (c) Allottee/s's share of common maintenance expenses i.e., proportionate share of insurance premium, wages for the persons appointed by the Promoter to manage and look after the common areas and facilities in the Complex i.e. the HOUSE OF HIRANANDANI, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etc., expenses incurred by the Promoter or the agency appointed for maintaining all the common areas and facilities such as electricity charges, water charges, housekeeping consumables etc.
Appears in 5 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
ALLOTTEE’S COVENANT. 6.1.1 In At or before the event execution of this Agreement the Allottee hereby confirms that he is signing this Agreement with full knowledge of all laws, rules, regulations, notifications, etc., applicable to the Project inter alia the following and the Allottee hereby confirms that he is fully satisfied himself with the following :-
a) That the right of the Allottee/s failing Allottee shall remain restricted to pay the afore sumssaid residential Flat and Car Parking Space with proportionate share of the land and properties appurtenant thereto and the open spaces, side spaces and back spaces in the manner provided said premises and common spaces / parts / portions / amenities / conveniences as described in the Schedule D or cancel/withdraw from ‘------’ and ‘ ’ hereunder.
b) That the Project except said residential Flat shall always be used by the Allottee only for the default purpose of the Promoter, then residential.
c) The Allottee shall keep a sum of Rs. ------------/- (Rupees ) + GST with the Promoter at their discretion after due notice of 15 days as Security money for observing and performing the covenants as to the Allottee/s is entitled to cancel this Agreement outgoing and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartmentmaintenance. Consequent to such termination, subject to forfeiture of the Booking Amount,applicable taxes and charges the The Promoter shall refund the monies collected abovementioned Security money to the Allottee by paying --------% interest per annum.
d) The Allottee shall pay maintenance charges per month @ Rs. /- + GST per sq.ft in respect of super built up area of his residential Flat. The Maintenance Charge shall become payable from the Allottee/s within 90 days Possession Date.
e) As the government is currently charging ------ % GST on the category of such cancellation without interestFlat, simultaneous now the Allottee have to pay ------% GST to the Allottee/s executing government but if the government increases the percentage of GST in future, then the Allottees will be liable to pay that percentage GST.
f) The Allottee shall pay regularly and registering Deed punctually paying the monthly subscription of Cancellation the Club and user charge for use of this Agreement and / or Agreement for Sale and/or Sale Deed facilities at the Said Club, as determined by the AllotteePromoter/s Maintenance Authority/Owner’s Association. The Allottee/s hereby appoints g)That the Promoter as his/her/their/its Constituted Attorney Allottee and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name owners / occupiers of the Allottee/s without recourse to said building and with the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed consent of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return to the Promoter all the original documents, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation and registration of the Agreement and/or sale deed by the Allottee/s. Alternatively, the Promoter shall be entitled form Society, Association or company for interest as prescribed under maintaining the RERA Act, TNRERA Rules for such delayed payment by the Allottee/s, subject to the Promoter constructing the Apartment as per the time lines committed by them.
6.1.2 The Allottee/s xxxxxx agrees that the assignment of the Allottee/s’s right under this agreement to any third party is subject to the prior written permission of the Promoter said building and further agrees to pay to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee).
6.1.3 The Parties hereby confirm that this Agreement and the Agreement for Sale of even date entered into by the Allottee/s and eventually the Sale Deed foe the shall co-exist or co-terminate.
6.1.4 It is specifically agreed by the Allottee/s that the Allottee/s shall bear all statutory charges from the date of intimating the readiness of the Apartment for handover by the Promoter in accordance with the following:
(a) the minimum electricity and water demand charges ;
(b) property taxes in respect of the Apartment and other outgoings and expenses incurred by the Promoter for maintenance of the Apartment;
(c) Allottee/s's share of common maintenance expenses i.e., proportionate share of insurance premium, wages for the persons appointed by the Promoter to manage and look after the common areas of the said building and facilities in shall abide by all laws, bye laws, rules and regulations of such Society or Association, pay proportionately necessary taxes, revenue and other charges related to maintenance charges of the Complex i.e. the HOUSE OF HIRANANDANIsaid building and common parts / portions / amenities / conveniences thereof and shall observe and perform all rules and bye laws of such Society, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etcAssociation., expenses incurred by the Promoter or the agency appointed for maintaining all the common areas and facilities such as electricity charges, water charges, housekeeping consumables etc.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
ALLOTTEE’S COVENANT. 6.1.1 In the event of the Allottee/s Allottee failing to pay the afore aforesaid sums, in the manner provided in Schedule D or cancel/withdraw from the Project except for the default of the Promoter, then the Promoter at their discretion after due notice of 15 21 days to the Allottee/s Allottee is entitled to cancel this Agreement and re-allot the Apartment, to any third the another party and the Allottee/s Allottee shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture deduction of the Booking Amount,applicable taxes and charges booking amount, the Promoter shall refund the monies collected from the Allottee/s Allottee within 90 days of such cancellation without interest, simultaneous to the Allottee/s Allottee executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/their/its Constituted Attorney and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name of the Allottee/s without recourse to the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return to the Promoter all the original documents, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation and registration of the Agreement and/or sale deed by the Allottee/s. . Alternatively, the Promoter shall be entitled for interest as prescribed under the RERA Real Estate (Regulation and Development) Act, TNRERA 2016 and Rules for such delayed payment by the Allottee/s, subject to the Promoter constructing the Apartment as per the time lines committed by them.
6.1.2 The Allottee shall not let, sub-let, transfer, assign or part with the said Apartment and/or the Allottee/s xxxxxx agrees that 's right, interest or benefit under this Agreement, or part with the assignment possession of the Allottee/s’s right said Apartment, until all the amounts, dues and charges payable by the Allottee to the Promoter under this agreement Agreement are fully paid, and only if the Allottee has/have not been guilty of any breach or violation of, or non-observance, non-performance or non-compliance of any of the terms, conditions, covenants, stipulations or provisions of this Agreement, and until the Allottee has/have intimated the same in writing to any third party is subject to the prior written permission of the Promoter and further agrees to pay obtained the Promoter's prior written consent and permission to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee)same.
6.1.3 The Parties hereby confirm that this Agreement and the Agreement for Sale of even date entered into by the Allottee/s and eventually the Sale Deed foe the Allottee shall co-exist or co-terminate.
6.1.4 It is specifically agreed by the Allottee/s Allottee that the Allottee/s Allottee shall bear all statutory charges from the date of intimating the readiness of the said Apartment for handover by the Promoter in accordance with the following:
(a) the minimum electricity and water demand charges ;
(b) property taxes in respect of the Schedule B Apartment and other outgoings and expenses incurred by the Promoter for maintenance of the Schedule B Apartment;
(c) Allottee/s's share of common maintenance expenses i.e., proportionate share of insurance premium, wages for the persons appointed by the Promoter to manage and look after the common areas and facilities in the said Complex i.e. the HOUSE OF HIRANANDANI, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etc., expenses incurred by the Promoter or the agency appointed for maintaining all the common areas and facilities such as electricity charges, water charges, housekeeping consumables etc.
Appears in 1 contract
Samples: Construction Agreement
ALLOTTEE’S COVENANT. 6.1.1 At or before the execution of this Agreement the Allottee hereby confirms that he is signing this Agreement with full knowledge of all laws, rules, regulations, notifications, etc., applicable to the Project inter alia the following and the Allottee hereby confirms that he is fully satisfied himself with the following :-
a) That the right of the Allottee shall remain restricted to the said residential Flat and Car Parking Space with proportionate share of the land and properties appurtenant thereto and the open spaces, side spaces and back spaces in the said premises and common spaces / parts / portions / amenities / conveniences as described in the Schedule ‘------’ and ‘ ’ hereunder.
b) That the said residential Flat shall always be used by the Allottee only for the purpose of residential.
c) The Allottee shall keep a sum of Rs. ------------/- (Rupees ) + GST with the Promoter as Security money for observing and performing the covenants as to the outgoing and maintenance. The Promoter shall refund the abovementioned Security money to the Allottee by paying --------% interest per annum.
d) The Allottee shall pay maintenance charges per month @ Rs. /- + GST per sq.ft in respect of super built up area of his residential Flat. The Maintenance Charge shall become payable from the Possession Date.
e) As the government is currently charging ------ % GST on the category of Flat, now the Allottee have to pay ------% GST to the government but if the government increases the percentage of GST in future, then the Allottees will be liable to pay that percentage GST.
f) The Allottee shall pay regularly and punctually paying the monthly subscription of the Club and user charge for use of facilities at the Said Club, as determined by the Promoter/Maintenance Authority/Owner’s Association.
g) That the Allottee and other owners / occupiers of the said building and with the consent of the Promoter shall form Society, Association or company for maintaining the said building and the common areas of the said building and shall abide by all laws, bye laws, rules and regulations of such Society or Association, pay proportionately necessary taxes, revenue and other charges related to maintenance charges of the said building and common parts / portions / amenities / conveniences thereof and shall observe and perform all rules and bye laws of such Society, Association.
h) Co - operate - with the Promoter in the management and maintenance of the premises and formation of the association.
i) To observe and perform the rules regulations restrictions from time to time in force for the use and management of the building and in particular the common areas and installations.
j) The cost of maintaining, replacing, repairing, white washing painting and decorating the main structure in particularly the common portions of the roof, terrace and structure of the building, main water pipes, water tanks, motor pumps and electrical wire, sewerage, drains, transformer, lift and all other common parts of the fixtures, fittings and equipments in under or upon the building enjoyed or used in common by the Allottee and occupier thereof, shall be paid by the said Society, Association.
k) The Allottee shall be liable and agree to make payment of the proportionate share of maintenance and service charges regularly and punctually to the said Society, Association.
l) In the event of any capital expenditure for repairs, maintenance etc. for common purposes the Allottee/s failing Allottee shall be liable to pay the afore sums, in the manner provided in Schedule D or cancel/withdraw from the Project except for the default make payment of the Promoterproportionate share as shall be determined by the said Society, then the Promoter at their discretion after due notice of 15 days Association.
m) The Allottee shall be liable to the Allottee/s is entitled to cancel this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture make payment of the Booking Amount,applicable Service tax, Gst, Panchyat taxes and charges outgoings in respect of his residential Flat and Car Parking Space in full.
n) The Allottee shall have the Promoter shall refund the monies collected from the Allottee/s within 90 days absolute right to mutate his names before local Gram Panchayat and will pay tax / khajna of such cancellation without interest, simultaneous respective portion to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed be separately assessed by the Allottee/s Authorities. The Allottee/s hereby appoints the Promoter So long as his/her/their/its Constituted Attorney such residential Flat and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name Car Parking Space of the Allottee/s without recourse to said building shall not be separately assessed for taxes, the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s Allottees shall return pay to the Promoter all the original documents, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration / Confirming Party a proportionate share of the deed Panchyat Taxes, water tax of cancellation. necessary cancellation any in respect of his residential Flat and registration Car Parking Space of the Agreement and/or sale deed building.
o) The Promoter / Confirming Party shall appoint a Caretaker to look after the building and its common amenities till the building is handed over to the Association Society or Company or flat owners of the said Apartment. An amount is to be paid by the Allottee/s. Alternatively, the Promoter shall be entitled for interest as prescribed under the RERA Act, TNRERA Rules for such delayed payment by the Allottee/s, subject flat owners per month to the Promoter constructing until the Apartment as per Association, Society is formed, in order to look after the time lines committed by thembuilding and its common amenities.
6.1.2 The Allottee/s xxxxxx agrees that p) To permit the assignment Promoter / Confirming Party and its authorized agent with or without workmen at all reasonable time on notice (except in case of emergency) to enter into space of the Allottee/Allottee to check / view and examine the state and condition on the said space and his convenience and for the purpose of cleaning, repairing and keeping in order the sewers, drain, pipes, rainwater pipes, electric cables and conditions.
q) Not to deposit, throw, accumulate any rubbish, water, dirt, rage or other refuse in the stair case or any common parts of the building or premises or permit the same.
r) Not to display any boarding or signboards on the terrace of the said unit or anywhere also in the said premises.
s’s right under this agreement ) To keep the internal portion of the said residential Flat and every part thereof in good condition so as the support other supporting parts of the building.
t) Not to make any third party is subject to addition or alteration in structural work of the Flat and Car Parking Space except with the prior written permission approval and sanction of the local Gram Panchayat or any other appropriate authority/s.
u) Not to change the Colour of the front as well as outer portion as well as verandah portion of the Flat except with the prior written approval of the Promoter / Association.
v) Not to install any covering grill in the Balcony or in the outside window of the Flat except with the prior written approval of the Promoter and further agrees to pay to as per design and specifications approved by the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee)Promoter.
6.1.3 The Parties hereby confirm that this Agreement and w) Not to decorate the Agreement for Sale exterior of even date entered into by the Allottee/s and eventually building outside than in the Sale Deed foe the shall co-exist or co-terminate.
6.1.4 It is specifically manner agreed by the Allottee/s that Owner / Promoter in writing or in the Allottee/s shall bear all statutory charges from the date of intimating the readiness manner as near as may be in which it was previously decorated.
x) Not to commit or permit to be committed any alteration or changes in pipes conducts and other fixtures and fittings services of the Apartment for handover building and the said unit.
y) Not to use stove or chulas in the stair cases / stairs and other common portions and / or allow smoke to spread and go in common area.
z) Not to keep any inflammable goods in the said unit except cooking Gas.
aa) Not to allow or permit to be allowed to store any goods articles or things in the staircase landings lobby or other areas of the building.
bb) Not to raise any objection in respect of amenities / facilities provided by the Promoter in accordance the said building Complex.
cc) Not to do any act, deed or thing whereby the Owner / Promoter is prevented from selling, assigning or disposing off any other portion or portions of which the Owner / Promoter are the only absolute owner, in the said building. dd) To use in common with the following:
(a) the minimum electricity occupiers and water demand charges ;
(b) property taxes in respect owners of other flats of the Apartment and other outgoings and expenses incurred by the Promoter for maintenance of the Apartment;
(c) Allottee/s's share of common maintenance expenses i.e., proportionate share of insurance premium, wages for the persons appointed by the Promoter to manage and look after building the common areas and facilities as described in the Complex i.e. Schedule ‘---’ & ‘---’ hereinafter written.
ee) To pay for electricity and other utilities consumed in or relating to the HOUSE OF HIRANANDANIsaid unit.
ff) Neither claim any benefit nor oppose to any construction / extension, EGATTURif made, OMR’ such of the said building by Owners / Promoter. Promoter for completing Extra work as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etcper the choice of the Allottee., expenses incurred by the Promoter or the agency appointed for maintaining all the common areas and facilities such as electricity charges, water charges, housekeeping consumables etc.
Appears in 1 contract
Samples: Agreement for Sale
ALLOTTEE’S COVENANT. 6.1.1 At or before the execution of this Agreement the Allottee hereby confirms that he is signing this Agreement with full knowledge of all laws, rules, regulations, notifications, etc., applicable to the Project inter alia the following and the Allottee hereby confirms that he is fully satisfied himself with the following :-
a) That the right of the Allottee shall remain restricted to the said residential Bungalow with proportionate share of the land and properties appurtenant thereto and the open spaces, side spaces and back spaces in the said premises and common spaces / parts / portions / amenities / conveniences as described in the Schedule ‘------’ and ‘ ’ hereunder.
b) That the said residential Bungalow shall always be used by the Allottee only for the purpose of residential.
c) The Allottee shall keep a sum of Rs. ------------/- (Rupees ) + GST with the Promoter as Security money for observing and performing the covenants as to the outgoing and maintenance. The Promoter shall refund the abovementioned Security money to the Allottee by paying % interest per annum.
d) The Allottee shall pay maintenance charges per month @ Rs. /- + GST per sq.ft in respect of super built up area of his residential Bungalow. The Maintenance Charge shall become payable from the Possession Date.
e) As the government is currently charging ------ % GST on the category of Bungalow, now the Allottee have to pay % GST to the government but if the government increases the percentage of GST in future, then the Allottees will be liable to pay that percentage GST.
f) The Allottee shall pay regularly and punctually paying the monthly subscription of the Club and user charge for use of facilities at the Said Club, as determined by the Promoter/Maintenance Authority/Owner’s Association.
g) That the Allottee and other owners / occupiers of the said building and with the consent of the Promoter shall form Society, Association or company for maintaining the said building and the common areas of the said building and shall abide by all laws, bye laws, rules and regulations of such Society or Association, pay proportionately necessary taxes, revenue and other charges related to maintenance charges of the said building and common parts / portions / amenities / conveniences thereof and shall observe and perform all rules and bye laws of such Society, Association.
h) Co - operate - with the Promoter in the management and maintenance of the premises and formation of the association.
i) To observe and perform the rules regulations restrictions from time to time in force for the use and management of the building and in particular the common areas and installations.
j) The cost of maintaining, replacing, repairing, white washing painting and decorating the main structure in particularly the common portions of the roof, terrace and structure of the building, main water pipes, water tanks, motor pumps and electrical wire, sewerage, drains, transformer, lift and all other common parts of the fixtures, fittings and equipments in under or upon the building enjoyed or used in common by the Allottee and occupier thereof, shall be paid by the said Society, Association.
k) The Allottee shall be liable and agree to make payment of the proportionate share of maintenance and service charges regularly and punctually to the said Society, Association.
l) In the event of any capital expenditure for repairs, maintenance etc. for common purposes the Allottee/s failing Allottee shall be liable to make payment of the proportionate share as shall be determined by the said Society, Association.
m) The Allottee shall be liable to make payment of the Service tax, Gst, Panchyat taxes and outgoings in respect of his residential Bungalow in full.
n) The Allottee shall have the absolute right to mutate his names before local Gram Panchayat and will pay tax / khajna of respective portion to be separately assessed by the afore sumsAuthorities. So long as such residential Bungalow of the said building shall not be separately assessed for taxes, the Allottees shall pay to the Promoter / Confirming Party a proportionate share of the Panchyat Taxes, water tax of any in respect of his residential Bungalow of the building.
o) The Promoter / Confirming Party shall appoint a Caretaker to look after the building and its common amenities till the building is handed over to the Association Society or Company or Bungalow owners of the said Apartment. An amount is to be paid by Bungalow owners per month to the Promoter until the Association, Society is formed, in order to look after the manner provided building and its common amenities. p)To permit the Promoter / Confirming Party and its authorized agent with or without workmen at all reasonable time on notice (except in Schedule D or cancel/withdraw from case of emergency) to enter into space of the Project except Allottee to check / view and examine the state and condition on the said space and his convenience and for the default purpose of cleaning, repairing and keeping in order the sewers, drain, pipes, rainwater pipes, electric cables and conditions.
q) Not to deposit, throw, accumulate any rubbish, water, dirt, rage or other refuse in the stair case or any common parts of the building or premises or permit the same.
r) Not to display any boarding or signboards on the terrace of the said unit or anywhere also in the said premises.
s) To keep the internal portion of the said residential Bungalow and every part thereof in good condition so as the support other supporting parts of the building.
t) Not to make any addition or alteration in structural work of the Bungalow except with the prior written approval and sanction of the local Gram Panchayat or any other appropriate authority/s.
u) Not to change the Colour of the front as well as outer portion as well as verandah portion of the Bungalow except with the prior written approval of the Promoter, then
v) Not to install any covering grill in the Promoter at their discretion after due notice of 15 days to Balcony or in the Allottee/s is entitled to cancel this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture outside window of the Booking Amount,applicable taxes and charges the Promoter shall refund the monies collected from the Allottee/s within 90 days of such cancellation without interest, simultaneous to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/their/its Constituted Attorney and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name of the Allottee/s without recourse to the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return to the Promoter all the original documents, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation and registration of the Agreement and/or sale deed by the Allottee/s. Alternatively, the Promoter shall be entitled for interest as prescribed under the RERA Act, TNRERA Rules for such delayed payment by the Allottee/s, subject to the Promoter constructing the Apartment as per the time lines committed by them.
6.1.2 The Allottee/s xxxxxx agrees that the assignment of the Allottee/s’s right under this agreement to any third party is subject to Bungalow except with the prior written permission approval of the Promoter and further agrees to pay to as per design and specifications approved by the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee)Promoter.
6.1.3 The Parties hereby confirm that this Agreement and w) Not to decorate the Agreement for Sale exterior of even date entered into by the Allottee/s and eventually building outside than in the Sale Deed foe the shall co-exist or co-terminate.
6.1.4 It is specifically manner agreed by the Allottee/s that Owner / Promoter in writing or in the Allottee/s shall bear all statutory charges from the date of intimating the readiness manner as near as may be in which it was previously decorated.
x) Not to commit or permit to be committed any alteration or changes in pipes conducts and other fixtures and fittings services of the Apartment for handover building and the said unit.
y) Not to use stove or chulas in the stair cases / stairs and other common portions and / or allow smoke to spread and go in common area.
z) Not to keep any inflammable goods in the said unit except cooking Gas.
aa) Not to allow or permit to be allowed to store any goods articles or things in the staircase landings lobby or other areas of the building.
bb) Not to raise any objection in respect of amenities / facilities provided by the Promoter in accordance the said building Complex.
cc) Not to do any act, deed or thing whereby the Owner / Promoter is prevented from selling, assigning or disposing off any other portion or portions of which the Owner / Promoter are the only absolute owner, in the said building.
dd) To use in common with the following:
(a) the minimum electricity occupiers and water demand charges ;
(b) property taxes in respect owners of other Bungalows of the Apartment and other outgoings and expenses incurred by the Promoter for maintenance of the Apartment;
(c) Allottee/s's share of common maintenance expenses i.e., proportionate share of insurance premium, wages for the persons appointed by the Promoter to manage and look after building the common areas and facilities as described in the Complex i.e. Schedule ‘---’ & ‘--- ’ hereinafter written.
ee) To pay for electricity and other utilities consumed in or relating to the HOUSE OF HIRANANDANIsaid unit. ff) Neither claim any benefit nor oppose to any construction / extension, EGATTURif made, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etcof the said building by Owners / Promoter., expenses incurred by the Promoter or the agency appointed for maintaining all the common areas and facilities such as electricity charges, water charges, housekeeping consumables etc.
Appears in 1 contract
Samples: Agreement for Sale
ALLOTTEE’S COVENANT. 6.1.1 In a) The Allottee(s) shall be considered having committed a default, on the event occurrence of any one or more of the Allotteefollowing events:
(i) failure on the part of the Allottee(s) to make payment of any installment as per the Payment Plan and/or any other charges as per ASL, despite having been issued notice in that regard;
(ii) delay/s failing to pay the afore sums, in the manner provided in Schedule D or cancel/withdraw default by Xxxxxxxx(s) under Clause 6.1 (a) (i) above continues for a period beyond 60 days after notice from the Project except for Promoter in this regard;
(iii) after the default issuance of IOP Letter as per Clause 5.3 hereinabove, failure on the part of the PromoterAllottee(s) to make the payment of all the outstanding amounts as per ASL, then including deposit the Promoter at their discretion after stamp duty/registration charges/any other amounts due notice including Delay Payment Charges, penalties, if applicable, within 30 (thirty) days of 15 days to the Allottee/s is entitled to cancel this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture issuance of the Booking Amount,applicable taxes and charges IOP Letter;
(iv) after the Promoter shall refund issuance of IOP Letter as per Clause 5.3 hereinabove, the monies collected from delay/failure on the Allottee/s within 90 days of such cancellation without interest, simultaneous to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/their/its Constituted Attorney and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name part of the Allottee/s without recourse to Allottee(s), having paid all the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return amounts due to the Promoter all the original documentsunder ASL, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation in execution and registration of Conveyance Deed/Sub Lease Deed of the Agreement Unit UDS in phase 1 land/lease deed unit phase 1 land and/or sale deed taking possession of Unit within the period mentioned in IOP Letter;
(v) breach of any other terms & conditions of ASL on the part of the Allottee(s);
(vi) violation of any of the Applicable Laws on the part of the Allottee(s).
b) The Promoter’s rights/remedies upon occurrence of any of event of default on the part of the Allottee(s) as mentioned Clause 6.1
(a) above shall be as follows:
(i) Upon occurrence of event of default mentioned in Clause 6.1 (a)(i) the Allottee(s) shall be liable to pay Delay Payment Charges on the overdue amounts for the period commencing from the date on which such overdue amounts or part thereof were due to be paid by the Allottee/s. AlternativelyAllottee(s) to the Promoter and ending on the date of the payment of such overdue amounts by the Allottee(s) to the Promoter;
(ii) Upon occurrence of event of default mentioned in Clause 6.1 (a)(ii), the Promoter shall be entitled for interest to cancel the allotment by terminating ASL by serving a notice of 30 days to the Allottee(s) in this regard;
(iii) Upon occurrence of event of default mentioned in Clause 6.1 (a)(iii),(iv),(v) and (vi) the Promoter shall have the option to terminate ASL as prescribed mentioned in Clause 6.1(b)(ii). Further, in case of event of default under Clause 6.1(a) (ii), till the RERA Acttime Promoter exercise the option to terminate ASL, TNRERA Rules for such delayed payment by Allottee shall be liable to pay amount as mentioned in Clause 6.1 (d)(iii) hereunder.
c) The rights and remedies of the Allottee/s, subject Promoter under this Clause shall be in addition to other rights and remedies available to the Promoter constructing the Apartment as per the time lines committed by them.
6.1.2 The Allottee/s xxxxxx agrees that the assignment under Applicable Laws, equity and under ASL. Further, acceptance of the Allottee/s’s right under this agreement any payment without payment of Delay Payment Charges shall not be deemed to any third party is subject to the prior written permission of the Promoter and further agrees to pay to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee).
6.1.3 The Parties hereby confirm that this Agreement and the Agreement for Sale of even date entered into by the Allottee/s and eventually the Sale Deed foe the shall co-exist or co-terminate.
6.1.4 It is specifically agreed by the Allottee/s that the Allottee/s shall bear all statutory charges from the date of intimating the readiness of the Apartment for handover be a waiver by the Promoter of its right of charging such Delayed Payment Charges or of the other rights mentioned in accordance with ASL.
d) Upon termination of ASL by the following:
(aPromoter as mentioned xxxxxxxxxxx, the Allottee(s) the minimum electricity and water demand charges ;
(b) property taxes shall not have any lien, right, title, interest, or claim in respect of the Apartment Unit. The Promoter shall be entitled to sell the Unit to any other person or otherwise deal with the Unit in any manner whatsoever and other outgoings and expenses incurred the Promoter shall be entitled to forfeit/charge the following amounts out of the amounts paid by the Promoter for maintenance Allottee(s) and refund the balance to the Allottee(s) without any interest after the sale of Unit to a new Allottee(s), from the Apartmentamounts realized from such new Allottee(s):
(i) The Xxxxxxx Amount;
(cii) Allottee/s's share of common maintenance expenses i.e.Any taxes, proportionate share of insurance premiumduties, wages for the persons appointed cess, etc. deposited by the Promoter to manage and look after the common areas and facilities concerned department/authority in respect of the Complex i.e. the HOUSE OF HIRANANDANI, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etc., expenses incurred Unit;
(iii) The Delay Payment Charges /amounts paid/payable by the Allottee(s) to the Promoter as per Clause 6.1 (b)(i) and/or 6.1 (b)(iii), if applicable;
(iv) Stamp duty and registration charges, if any payable on the deed of cancellation.
e) If the amount payable by the Allottee(s) under clause 6.1 (d) is more than the amount paid by the Allottee(s) under this ASL, then, the Promoter shall have the right to claim and recover the difference between the amounts paid and the balance of amount payable by the Allottee(s) under clause 6.1 (d) from the Allottee(s).
f) Without prejudice to the rights of the Promoter under ASL, the Promoter shall be entitled to file/initiate appropriate complaint /proceedings against the Allottee(s) under the Act for default/breach of any of the terms and conditions of ASL or the agency appointed for maintaining all provisions of the common areas and facilities such as electricity charges, water charges, housekeeping consumables etcAct/ Rules /Regulations.
Appears in 1 contract
Samples: Sub Lease Agreement
ALLOTTEE’S COVENANT. 6.1.1 In the event of the Allottee/s failing to pay the afore sums, in the manner provided in Schedule D or cancel/withdraw from the Project except for the default of the Promoter, then the Promoter at their discretion after due notice of 15 days to the Allottee/s is entitled to cancel this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture of the Booking Amount,applicable taxes and charges the Promoter shall refund the monies collected from the Allottee/s within 90 days of such cancellation without interest, simultaneous to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/their/its Constituted Attorney and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name of the Allottee/s without recourse to the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return to the Promoter all the original documents, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation and registration of the Agreement and/or sale deed by the Allottee/s. Alternatively, the Promoter shall be entitled for interest as prescribed under the RERA Act, TNRERA Rules for such delayed payment by the Allottee/s, subject to the Promoter constructing the Apartment as per the time lines committed by them.
6.1.2 The Allottee/s xxxxxx agrees that the assignment of the Allottee/s’s right under this agreement to any third party is subject to the prior written permission of the Promoter and further agrees to pay to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee).
6.1.3 a) The Parties hereby agree and confirm that this Agreement and the Agreement for Sale of even date for UDS entered into by the Allottee/s and eventually the Sale Deed foe the Allottee(s) shall co-exist or and co-terminate.
6.1.4 It is specifically agreed b) The Allottee(s) shall be considered having committed a default, on the occurrence of any one or more of the following events:
(i) failure on the part of the Allottee(s) to make payment of any installment as per the Payment Plan and/or any other charges as per this Agreement and/or Agreement to Sale, despite having been issued notice in that regard;
(ii) delay/default by Allottee(s) under Clause 7.1 (b) (i) above continues for a period beyond 60 days after notice from the AllotteeDeveloper in this regard;
(iii) after the issuance of Offer Letter as per Clause 6.3 hereinabove, failure on the part of the Allottee(s) to make the payment of all the outstanding amounts as per this Agreement and Agreement to Sale, including deposit the stamp duty/s that registration charges/any other amounts due including Delay Payment Charges, penalties, if applicable, within 30 (thirty) days of issuance of the AllotteeOffer Letter;
(iv) after the issuance of Offer Letter as per Clause 6.3 hereinabove, the delay/s failure on the part of the Allottee(s), having paid all the amounts due to the Developer under this Agreement and Agreement to Sale, in execution and registration of Conveyance Deed of the Unit and/or taking possession of Unit within the period mentioned in Offer Letter;
(v) breach of any other terms & conditions of this Agreement on the part of the Allottee(s);
(vi) violation of any of the Applicable Laws on the part of the Allottee(s).
c) The Developer’s rights/remedies upon occurrence of any of event of default on the part of the Allottee(s) as mentioned Clause 7.1 (b) above shall bear all statutory charges be as follows:
(i) Upon occurrence of event of default mentioned in Clause 7.1 (b)(i) the Allottee(s) shall be liable to pay Delay Payment Charges on the overdue amounts for the period commencing from the date of intimating on which such overdue amounts or part thereof were due to be paid by the readiness Allottee(s) to the Developer and ending on the date of the Apartment for handover payment of such overdue amounts by the Promoter in accordance with Allottee(s) to the following:
(a) the minimum electricity and water demand charges Developer;
(bii) property taxes Upon occurrence of event of default mentioned in Clause 7.1 (b)(ii), the Developer shall be entitled to cancel the allotment by terminating this Agreement by serving a notice of 30 days to the Allottee(s) in this regard;
(iii) Upon occurrence of event of default mentioned in Clause 7.1 (b)(iii),(iv),(v) and (vi) the Developer shall have the option to terminate this Agreement as mentioned in Clause 7.1(c)(ii). Further, in case of event of default under Clause 7.1(b)(ii), till the time Developer exercise the option to terminate this Agreement, Allottee shall be liable to pay amount as mentioned in Clause 6.5 hereunder.
d) The rights and remedies of the Developer under this Clause shall be in addition to other rights and remedies available to the Developer under Applicable Laws, equity and under this Agreement. Further, acceptance of any payment without t payment delay charges shall not be deemed to be a waiver by the Developer of its right of charging such delayed payment charges or of the other rights mentioned in this Agreement.
e) Upon termination of this Agreement by the Developer as mentioned hereinabove, the Allottee(s) shall not have any lien, right, title, interest, or claim in respect of the Apartment Unit. The Developer shall be entitled to sell the Unit to any other person or otherwise deal with the Unit in any manner whatsoever and other outgoings and expenses incurred the Developer shall be entitled to forfeit/charge the following amounts out of the amounts paid by the Promoter for maintenance Allottee(s) and refund the balance to the Allottee(s) without any interest after the sale of Unit to a new Allottee(s), from the Apartmentamounts realized from the such new
(i) The Xxxxxxx Amount;
(cii) Allottee/s's share of common maintenance expenses i.e.Any taxes, proportionate share of insurance premiumduties, wages for the persons appointed cess, etc. deposited by the Promoter Developer to manage and look after the common areas and facilities concerned department/authority in respect of the Complex i.e. the HOUSE OF HIRANANDANI, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etc., expenses incurred Unit;
(iii) The Delay Payment Charges /amounts paid/payable by the Promoter or Allottee(s) to the agency appointed for maintaining all the common areas Developer as per Clause 7.1 (c)(i) and/or 7.1 (c)(iii), if applicable;
(iv) Stamp duty and facilities such as electricity registration charges, water chargesif any payable on the deed of cancellation.
f) If the amount payable by the Allottee(s) under clause 7.1 (e) is more than the amount paid by the Allottee(s) under this Construction Agreement, housekeeping consumables etc.then, the Developer shall have the right to claim and recover the difference between the amounts paid and the balance of amount payable by the Allottee(s) under clause
g) Without prejudice to the rights of the Party of the First Part under this Agreement, the Party of the First Part shall be entitled to file/initiate appropriate complaint
Appears in 1 contract
Samples: Construction Agreement
ALLOTTEE’S COVENANT. 6.1.1 In a) The Allottee(s) shall be considered having committed a default, on the event occurrence of any one or more of the Allotteefollowing events:
(i) failure on the part of the Allottee(s) to make payment of any installment as per the Payment Plan and/or any other charges as per ASL, despite having been issued notice in that regard;
(ii) delay/s failing to pay the afore sums, in the manner provided in Schedule D or cancel/withdraw default by Xxxxxxxx(s) under Clause 6.1 (a) (i) above continues for a period beyond 60 days after notice from the Project except for Promoter in this regard;
(iii) after the default issuance of IOP Letter as per Clause 5.3 hereinabove, failure on the part of the PromoterAllottee(s) to make the payment of all the outstanding amounts as per ASL, then including deposit the Promoter at their discretion after stamp duty/registration charges/any other amounts due notice including Delay Payment Charges, penalties,if applicable, within 30 (thirty) days of 15 days to the Allottee/s is entitled to cancel this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture issuance of the Booking Amount,applicable taxes and charges IOP Letter;
(iv) after the Promoter shall refund issuance of IOP Letter as per Clause 5.3 hereinabove, the monies collected from delay/failure on the Allottee/s within 90 days of such cancellation without interest, simultaneous to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/their/its Constituted Attorney and authorizes the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name part of the Allottee/s without recourse to Allottee(s), having paid all the Allottee/s, in the event the Allottee/s fail/s to come forward and/or are unable to execute and register the deed of cancellation within 30 days of the termination and/or cancellation of this Agreement. The Allottee/s shall return amounts due to the Promoter all the original documentsunder ASL, papers, writings executed between the Parties including the original Agreement for Sale and Construction Agreement on or before the registration of the deed of cancellation. necessary cancellation in execution and registration of Conveyance Deed/Sub Lease Deed of the Agreement Unit UDS in Phase I Land / Lease Deed of the unit UDS in Phase I Land and/or sale deed taking possession of Unit within the periodmentioned in IOP Letter;
(v) breach of any other terms & conditions of ASL on the part of the Allottee(s);
(vi) violation of any of the Applicable Laws on the part of the Allottee(s).
b) The Promoter’s rights/remedies upon occurrence of any of event of default on the part
(a) above shall be as follows:
(i) Upon occurrence of event of default mentioned in Clause 6.1 (a)(i) the Allottee(s) shall be liable to pay Delay Payment Charges on the overdue amounts for the period commencing from the date on which such overdue amounts or part thereof were due to be paid by the Allottee/s. AlternativelyAllottee(s) to the Promoter and ending on the date of the payment of such overdue amounts by the Allottee(s) to the Promoter;
(ii) Upon occurrence of event of default mentioned in Clause 6.1 (a)(ii), the Promoter shall be entitled for interest as prescribed under to cancel the RERA Act, TNRERA Rules for such delayed payment allotment by the Allottee/s, subject terminating ASL by serving a notice of 30 days to the Promoter constructing the Apartment as per the time lines committed by them.
6.1.2 The Allottee/s xxxxxx agrees that the assignment of the Allottee/s’s right under Allottee(s) in this agreement to any third party is subject to the prior written permission of the Promoter and further agrees to pay to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee).
6.1.3 The Parties hereby confirm that this Agreement and the Agreement for Sale of even date entered into by the Allottee/s and eventually the Sale Deed foe the shall co-exist or co-terminate.
6.1.4 It is specifically agreed by the Allottee/s that the Allottee/s shall bear all statutory charges from the date of intimating the readiness of the Apartment for handover by the Promoter in accordance with the following:
(a) the minimum electricity and water demand charges regard;
(biii) property taxes Upon occurrence of event of default mentioned in respect of the Apartment and other outgoings and expenses incurred by the Promoter for maintenance of the Apartment;
Clause 6.1 (ca)(iii),(iv),(v) Allottee/s's share of common maintenance expenses i.e., proportionate share of insurance premium, wages for the persons appointed by the Promoter to manage and look after the common areas and facilities in the Complex i.e. the HOUSE OF HIRANANDANI, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etc., expenses incurred by the Promoter or the agency appointed for maintaining all the common areas and facilities such as electricity charges, water charges, housekeeping consumables etc.and
Appears in 1 contract
Samples: Sub Lease Agreement
ALLOTTEE’S COVENANT. 6.1.1 In the event 36.1 After causing all necessary due diligence exercises in respect of the Allottee/s failing to pay Said Land and the afore sumsProject, in the manner provided in Schedule D or cancel/withdraw from the Project except for the default compliances and non- compliances of the Promoter, then inspection and verification of all the title deeds, documents, sanctions and approvals in relation to the Said Land and the Project respectively, the Allottee has accepted the title of the Owners in respect of the Apartment and the right of the Promoter at their discretion after due notice in respect of 15 days to the Allotteeconstruction of the Project.
36.2 The Allottee hereby confirms that, he/s is entitled to cancel she/it has sought and obtained independent legal advice and opinion on this Agreement and re-allot the Apartment, to any third party and the Allottee/s shall thereafter have no right, interest or claim over the Apartment. Consequent to such termination, subject to forfeiture of the Booking Amount,applicable taxes and charges the Promoter shall refund the monies collected from the Allottee/s within 90 days of such cancellation without interest, simultaneous to the Allottee/s executing and registering Deed of Cancellation of this Agreement and / or Agreement for Sale and/or Sale Deed by the Allottee/s . The Allottee/s hereby appoints the Promoter as his/her/theirits appointed advocate(s)/lawyer(s) andbeing fully satisfied with the opinion of his/her/its Constituted Attorney appointed advocate(s)/lawyer(s), caused execution and authorizes registration of this Agreement.
36.3 The Allottee has examined the Promoter to execute and register such deed of cancellation and such other documents and/or writings for and on behalf and in the name approvals of the AllotteeProject Property and the floor plans including the plan of the Apartment, the nature and quality of construction fittings, fixtures, facilities and amenities provided/s without recourse to be provided thereto as per the Allottee/s, general specifications as well as the common facilities and amenities of the Project.
36.4 The Allottee hereby agrees with the Common Areas intended to form part of the Project.
36.5 The Allottee hereby confirms the measurement of the Carpet Area of the Apartment and the method of calculation thereof.
36.6 The Allottee has fully understood the development scheme of the Project as envisaged by the Promoter.
36.7 The Allottee hereby confirms in the event of any change in the Allottee/s fail/s specifications necessitated on account of any Force Majeure events or to come forward and/or are unable to execute and register improve or protect the deed quality of cancellation within 30 days construction, the Promoter, on the recommendations of the termination and/or cancellation architect, shall be entitled to effect such changes in the materials and specifications provided the Promoter shall ensure that the cost and quality of the substituted materials or specifications is equivalent to the quality and cost of materials and specifications as set out in the Seventh Schedule hereunder written.
36.8 The Allottee hereby confirms that he/she/it has fully read and understood the foregoing recitals and is aware of all applicable laws, rules, regulations, notifications and circulars in respect of this Agreementtransaction and further has/have agreed that the Promoter with the consent of the Owners herein are entitled to develop the Said Land and the Allottee will not object to the same. The AllotteeAllottee also confirms, agrees and declares that the consideration including extra charges & deposits (morefully mentioned in Part –II of the “Fourth Schedule” as written hereunder), expenses, taxes and other incidental costs, agreed to be paid by him/s her/it is fair and just and he/she/it shall return have no right or claim and/or will not make any claim on any other portion of the Project Property.
36.9 It is hereby clarified that in case of any minor additions required due to architectural and structural reason duly recommended and verified by Architect or Engineer, the Promoter all shall intimate the original documentsAllottee in writing and the Allottee hereby give their consent for such minor change or addition.
36.10 The Allottee confirms that the Promoter shall not be liable to provide any other additional specifications fixtures, papersfittings, writings executed and amenities in the Apartment. It is specifically agreed between the Parties including hereto that the original Agreement Promoter shall have the right to change/substitute the said internal amenities in the event that there is any uncertainty about the availability thereof, either in terms of quantity and/or quality and/or for Sale and Construction Agreement on or before any other reason beyond the registration control of the deed of cancellationPromoter within the defined price range. necessary cancellation and registration of the Agreement and/or sale deed by the Allottee/s. AlternativelyIf any changes as aforesaid become necessary, the Promoter shall be entitled to choose the substitutes and/or alternatives thereof in its absolute discretion to enable the Promoter to offer possession of the Apartment on the specified date. The Promoter shall however try to ensure that such substitutes and/or alternatives are similar to the amenities as hereunder agreed, in quality and quantity, as far as may be reasonably possible within the defined price range. The Allottee agrees not to claim any rebate and/or discount and/or concession in the consideration on account of such change/substitution.
36.11 The Allottee shall pay the respective payment installments as stipulated hereinabove along with applicable taxes strictly within 15 (fifteen) days of the Promoter sending notice of the completion of each milestone. Intimation forwarded by Promoter to the Allottee that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottees and the Allottee agrees to make payment accordingly. Allottee hereby understands and agrees that, save and except for interest the intimation from the Promoter as prescribed provided under this Clause, it shall not be obligatory on the RERA Act, TNRERA Rules for such delayed payment part of the Promoter to send reminders regarding the payments to be made by the Allottee/sAllottee as per the payment schedule mentioned hereinabove, subject and the Allottee shall make all payments to the Promoter constructing on or before the Apartment as per due dates, time being the time lines committed by themessence of this Agreement.
6.1.2 36.12 The Allottee/s xxxxxx agrees Allottee hereby confirms that the assignment in case of the Allottee/s’s right under this agreement to integration of any third party is subject addition phase(s) to the prior written permission Project, the method for calculation of proportionate land share may vary but the Promoter consideration including extra charges & deposits (as mentioned in Part-II of “Fourth Schedule” below), expenses, taxes and further agrees to pay other incidental costs paid by the Allottee to the Promoter an Assignment fee of 15 % of Consideration (“Assignment Fee)shall remain constant.
6.1.3 36.13 The Parties hereby confirm that this Agreement and the Agreement for Sale of even date entered into by the Allottee/s and eventually the Sale Deed foe the Allottee shall co-exist or co-terminate.
6.1.4 It is specifically agreed by the Allottee/s that the Allottee/s shall bear be liable to pay all statutory charges from the date of intimating the readiness of the Apartment for handover by the Promoter in accordance with the following:
(a) the minimum electricity and water demand charges ;
(b) property taxes taxes, duties, charges, impositions etc. in respect of the Apartment from the date of issuance of completion certificate/ occupancy certificate by the competent authority.
36.14 The Allottee hereby confirms that, after the date of handover of the Apartment to the Allottee, if any damage due to wear and tear of whatsoever nature is caused thereto, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its own costs.
36.15 The Allottee shall on demand pay to the Promoter at actual the amount towards meeting all legal cost, charges and expenses, including professional costs of advocates/solicitors of the Promoter in connection with formation of the association of allottees and for preparing its rules, regulations, bye-laws, etc. and the cost of preparing and engrossing the conveyance.
36.16 Till the time, the possession of the Apartment is handed over to the Allottee by the Promoter in terms of this Agreement, the Allottee only upon (i) payment of minimum 50% (fifty percent) of the Total Price by the Allottee; or (ii) a term of 1½ (one and a half) years i.e. 18 (eighteen) months being elapsed from the date of this Agreement whichever is earlier, may transfer his/her/its rights, title and interest in the Apartment under this Agreement to any third person / entity after obtaining prior written consent of the Promoter. Any such transfer by the Allottee shall be subject to the terms and conditions of this Agreement, applicable laws, notifications/ governmental directions, the Allottee submitting documentary proof as may be required by the Promoter, payment of the monies due and payable by the Allottee under this Agreement and payment of applicable transfer / administrative fee of 3% (three percent) ofthe Total Price plus applicable GST/other taxes apart from the documentation charges and/or legal fees and applicable taxes thereon payable to the lawyer/ service provider. On such transfer being approved in writing by the Promoter, the Allottee along with third party transferee shall furnish requisite undertakings and indemnities, as may be required by the Promoter, to abide by all the terms and conditions of this Agreement. The Allottee shall solely be liable and responsible for all legal and other outgoings consequences that may arise due to acceptance of application for such transfer/ assignment.
36.17 The Allottee hereby confirms that, under no circumstances the possession of the Apartment will be given to the Allottee unless and expenses incurred until all payments required to be made under this Agreement by the Allottee has been made in full.
36.18 The Allottee hereby confirms that, he/she/it shall use the car parking space(s) for the purpose of parking of his/her/its private medium sized car(s) only. The Allottee further agrees and understands that the car parking space(s) comprises an integral and inseparable part of the said Apartment.
36.19 The Allottee hereby accepts that, the Promoter shall have sole and exclusive right to earmark the car parking space(s) available in the Project and to revise the same from time to time by intimating the Allottee further the Allottee hereby confirms that, he/she/it shall be bound by the decision of the Promoter in respect of allotment and earmarking of the car parking space(s) in the Project and shall not raise any objection or claim in this regard. The Allottee further confirms that save and except the car parking space(s) earmarked for his/her/its exclusive usage, he/she/it shall not cause any disturbance and/or use any other car parking space(s) allotted to any other allottee.
36.20 The Allottee hereby accepts that all un-allotted parking space shall be identified/demarcated and retained by the Promoter for maintenance disposal of the Apartment;same at the consideration and in the manner deemed fit and proper by the Promoter.
(c) Allottee/s's share 36.21 The Allottee agrees that any scheme of common maintenance expenses i.e., proportionate share numbering of insurance premium, wages parking spaces will be subject to further revision as per the discretion of the promoter and the revised parking number shall be intimated to the Allottee upon such revision.
36.22 It is clarified to the Allottee that the Project could also contain open spaces which are not forming part of the amenities and facilities mentioned in sixth schedule hereto and which could be used for parking. The Promoter hereby reserves right to allot parking rights in these open parking areas exclusively to the Allottees of the Apartments in the Project who need the same and apply for the persons appointed same within the period as may be stipulated by the Promoter and the Promoter may give preference to manage and look after the common areas and facilities Allottees who do not otherwise have parking space in the Complex i.e. Project and against payment of the HOUSE OF HIRANANDANI, EGATTUR, OMR’ such as property manager, security guards, gardeners, plumbers, electricians, generator operators, sweepers etcapplicable parking cost therefor., expenses incurred
36.23 The Allottee agrees and undertakes not to raise any dispute or objection in respect of allotment of parking made by the Promoter or in respect of the agency appointed for maintaining open parking spaces to any other Allottee not to disturb the use of the allotted parking space by the concerned Allottee.
36.24 The Allottee authorizes the Promoter to adjust/appropriate all payments made by his/her/it under any heads of dues against lawful outstanding, if any, in his/her/its name as the common areas Promoter may in its sole discretion deem fit and facilities such as electricity chargesthe Allottee undertakes not to object/demand/direct the Promoter to adjust his/her/its payments in any manner. The Allottee undertakes and assures that he/she/they is/are legally qualified to enter into and sign this Agreement and not barred by any prevailing laws, water charges, housekeeping consumables etcacts and/or statutes from executing these presents.
Appears in 1 contract
Samples: Sale Agreement
