Common use of AND THE PURCHASER Clause in Contracts

AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS HEREBY CONVEYED WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :- (a) That the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules in (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners of the said Apartment from the The New Town Kolkata Development Authority and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Company. (d) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made at the request of the Purchaser only. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

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AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS HEREBY CONVEYED WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :- (a) That the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules inin SCHEDULE “I” hereunder written. (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners of the said Apartment from the The New Town Kolkata Development Authority and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Company. (d) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made at the request of the Purchaser only. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

AND THE PURCHASER. ALLOTTEE (S) SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP VENDORSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO HEREBY CONVEYED DO AND EACH OF THEM DOTH HEREBY COVENANT WITH THE VENDORS/VENDORSAND THE PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :-follows:- (a) That to co-operate with the Promoter and/or the facility management agency appointed by the Promoter or the Association in the management and maintenance of the Tower/said Project and other Common Purposes and formation of the Association. b) to observe and perform the rules regulations and restrictions from time to time in force for the quiet and peaceful use enjoyment and management of the Tower/said Project and in particular the Common Areas, Facilities and Amenities and other common purposes. c) to use the Apartment only for residential purpose in a decent and respectable manner and for no other purpose. d) unless the right of parking motor car is expressly granted and mentioned in the Second Schedule hereunder written, the Purchaser(s) shall not park any motor car or any other vehicle at any place in the said Project and if the right to park car is so expressly granted and mentioned in the Second Schedule the Purchaser(s) shall use the Car Parking Spaces only for the purpose of parking of their medium sized motor car. e) not to keep in the parking place anything other than private motor car and shall not raise or put up any kutcha or pucca structure grilled wall or enclosure thereon or part thereof and shall keep it always open as before. Not to make dwelling or staying of any person in the said car parking space or blocking by putting any articles. f) not to use any part of the said Project or other Common Areas, Facilities and Amenities for bathing or other undesirable purposes or such purposes which may cause any nuisance or annoyance to the other Purchasers. g) to use the Common Areas only to the extent required for ingress to and egress from the Apartment of men and materials and passage of utilities and facilities. h) to keep the common areas, open spaces, parking areas, paths, passages, staircases, lobby, landings etc., free from obstructions or encroachments and in a clean and orderly manner and not to store or allow anyone to store any goods articles or things or allow anyone to sleep or rest therein or thereat or in any other Common Areas of the Tower/said Project. i) no purchaser shall make or permit any disturbing noises in the said Project or do or permit anything to be done therein which will interfere with the rights comfort or convenience of other co-transferees. No Occupier shall play upon or suffer to be played upon instrument or permit to be operated a phonograph or radio or television or loud speaker or music system in such Apartment if the same shall cause disturbance or annoyance to the other occupants of the Tower. No Purchaser shall give vocal or instrumental instruction at any time in order to reduce sound emanating from any Apartment. j) not to hang or put any clothes in or upon the windows balconies and all other persons deriving title under her/his/themselves portions which may be exposed in a manner or be visible to the outsiders. k) no bird or animal shall be kept or harboured in the common areas of the said Project. In no event shall dogs and will other pets be permitted on elevators or in any of the common portions of the said Project unless accompanied. l) not to claim any right whatsoever or howsoever over any other Apartment or portion of the said Project save the Apartment. m) not to put any nameplate or letter box or neon-sign or board or signage in the Common Areas or on the outside wall of the new building save a letter-box in the ground floor at the designated place as be expressly approved or provided by the Promoter and a decent nameplate or signage of the size of 6’ X 3’ outside or above the main gate of the Apartment. It is hereby expressly made clear that in no event the Purchaser(s) shall open out any additional window or any other apparatus protruding outside the exterior of the Apartment. n) not to alter the outer elevation of the building or any part thereof nor decorate the exterior of the said building otherwise than in the manner agreed by the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers in writing or in the manner as near as may be in which it was previously decorated and to maintain at all times hereafter observe the restrictions regarding Promoter’s logo at the users set forth main entrance and on the roof of the new building. o) not to deposit or throw or permit to be deposited or thrown any rubbish or refuse or waste or spit in the House Rules instaircase, lobby, lifts, landings, pathways, passages or in any other Common Areas or in any other portion of the said Project nor into lavatories, cisterns, water or soil pipes serving the building nor allow or permit any other Co-transferee to do so. p) not to commit or permit to be committed any alteration or changes in the main structures, beams, pillars, pipes, conduits, cables and other fixtures and fittings serving in the tower. q) to keep the Apartment and partition walls, sewers, drains, pipes, cables, wires, entrance and main entrance serving any other Apartment in the building in good and substantial repair and condition so as to support shelter and protect and keep habitable the other Apartments/parts of the building and not to do or cause to be done anything in or around the Apartment which may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over below or adjacent to the Apartment. In particular and without prejudice to the generality to the foregoing, the Purchaser(s) do and each of them doth hereby covenant that the Purchaser(s) shall not make any form of alteration in the beams and columns passing through the Apartment or the Common Areas for the purpose of making changing or repairing the concealed wiring and piping or otherwise. r) not to let out transfer or part with the possession of the Car Parking Space, if the right of parking of car is granted hereunder, independent of the Apartment nor vice versa, with the only exception being that the Purchaser(s) shall be entitled to let out transfer or part with possession of the parking space independent of the Apartment to any other Co-transferee of the Project and none else. s) not to carry on or cause to be carried on any obnoxious injurious noisy dangerous hazardous illegal or immoral act deed or activity in or through the Apartment. t) maintain at their own costs, the Apartment in the same good condition state and order clean, hygienic and tidy and abide by all laws, bye-laws, rules, regulations and restrictions (bincluding those relating to Fire Safety under the West Bengal Fire Services Act, 1950 and the rules made there under) THAT of the Purchaser Government, NKDA, WBSEDC Ltd./CESC Ltd., and/or any statutory authority and/or local body with regard to the user and maintenance of the Apartment as well as the user operation and maintenance of the lifts, Generator, water, electricity, drainage, sewerage and other installations and amenities including the Promoter’s logo at the building and to make such additions and alterations in or about or relating to the Apartment and/or the building as be required to be carried out by them or any of them, independently or in common with the other Co-transferees as the case may be without holding the Vendors/Promoters in any manner liable or responsible therefor and to pay all costs and expenses therefor wholly or proportionately as the case may be and be answerable and responsible for deviation or violation of any of their conditions or rules or bye-laws and shall indemnify and keep the Vendors/Promoter saved, harmless and indemnified from and against all loss damage costs claims demands actions and proceedings that they or any of them may suffer or incur due to any non-compliance, non performance, default or negligence on the part of the Purchaser(s). u) to apply for and obtain at all times hereafter (from their own costs separate assessment and mutation of the date Apartment in the records of notice NKDA and the Vendors/Promoter shall give their consent for possessionthe same. v) regularly and punctually make payment of to keep all the municipal rates pipes, drains, basins, sinks and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Taxwater closets, if any, in the said Apartment clean and unblocked and bear and pay all expenses relating thereto including the salaries of the cleaners, if employed by them. w) to collect and/or to remove all refuse or rubbish whatsoever from the said Apartment daily and to deposit the same in approved refuse bins receptacles or containers as may be directed from time to time at such specified places by the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers, the Ministry of Environment and/or any competent authority or organization. x) to collect and throw all refuse, rubbish, scrap, tins, bottles, boxes, containers of all kinds and article that are to be disposed of into the proper bins, receptacles or containers to be provided therefor and not to throw the same from through or over the windows or any part of the Apartment. y) not to affix, erect, attach, paint, exhibit or permit or suffer so to be upon any part of the exterior of the Apartment or any part of the new building any placard, poster, notice, advertisement, name or sign or television or wireless mast or aerial or any other levies impositions thing whatsoever or protruding any attachment or fitting in any way outside the said Apartment save and outgoing including maintenance and service charges except such as shall have been previously approved in writing by the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers. z) not to change or in any way, vary the frontage or the entrance door of the Apartment approved by the Promoter for access to the Apartment or in any way to cut or alter the entrance door without first having obtained the written consent of the Promoter, which shall not to be unreasonably withheld. aa) not to load or permit or suffer to be loaded at any time on any part of the floors or structures of the Apartment any weight greater than its load bearing capacity or as the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers may from time to time prescribe or any weight which will cause undue strain and not to install any equipment or machinery which shall be imposed unduly noisy or become payable in respect cause dangerous vibration or be a nuisance to the other occupants of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (cTower. bb) The Purchaser shall in due course apply for and obtain mutation of his/her/their name not do or names as the owner permit or owners of the said Apartment from the The New Town Kolkata Development Authority and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount suffer to be determined in its absolute discretion done anything whereby the policy or policies of insurance on the Tower against loss or damage by fire or policies of insurance on the Tower against loss or damage by fire or other risks may be rendered void or violable or whereby the rate of premium thereon may be increased and to make good all damage suffered by Promoter and/or the facility management agency appointed by the Promoter and upon formation and/or the Association of the Purchasers and to repay to Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers on demand all sums paid way of increased premiums and all other expenses relating to the renewal of such policy or policies rendered necessary by such Association/Society/Service Companya breach or non-observance of this covenant without prejudice to any other rights of Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers. (dcc) The Purchaser awares to insure and keep insured the Apartment against any claims loss liabilities or other risks arising from public or any third parties under a Public Liability Policy with an insurance company and to pay all premiums necessary for that certain work of construction, finishing work, common facilities purpose and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows to deliver to the Promoter more and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers on demand the policy of such insurance and the receipts for the premiums so paid, from the Effective Date, which insurance shall include a Cross-Indemnity Clause and if the Purchaser(s) at any time fail to complete keep the same Apartment insured as aforesaid, Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers may do all things necessary to effect and maintain such insurance and any money expended for that purpose shall be repaid by Purchaser(s) to Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers. Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers and/or the respective owners in rest of the building shall insure their respective area as such policy shall include similar cross indemnity clause covering the Purchaser(s) for similar risks from the third party liabilities arising from the other parts of the building. dd) to be solely responsible for all its equipment and other property at the Apartment. ee) not to place or take into the lifts without the prior approval of Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers any baggage, furniture, heavy articles or other goods. ff) to comply with, obtain and keep valid and subsisting all requisite permissions, licenses, registrations and approvals, including but not limited to, those under the Municipal Laws, Local Laws, Labour Laws, Environmental Laws, as are applicable for the use of the Apartment for selling of or dealing with the products or rendition of the services from the Apartment. As and when called upon to do so, the Purchaser(s) shall produce before the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers, all such permissions and licenses and if the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers is not satisfied and require of the Purchaser(s) to obtain such other or further permissions or licenses from such authorities, the Purchaser(s) shall forthwith cause to obtain such permissions or licenses. gg) to permit the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchasers and their surveyors or agents with all necessary workmen and building materials appliances at all reasonable times and free ingress without previous notice in writing to the Purchaser(s) to enter upon the Apartment and egress every part thereof to view the state and will never raised condition thereof and to execute repairs, alterations on any objectionadjoining office space of all defects, decays and want of repairs there found. The Promoter expects hh) to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser fix or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made install air conditioners only at the request of designated place within the Purchaser onlyApartment and not elsewhere. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS HEREBY CONVEYED WITH THE VENDORSVENDOR/PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :- (a) That the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules inin SCHEDULE “I” hereunder written. (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners of the said Apartment from the The New Town Kolkata Development Authority South Dum Dum Municipality and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Company. (d) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development AuthoritySouth Dum Dum Municipality. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or VerticalVertical in accordance with Law. The promoter is also entitle to use the demarcated vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made at the request of the Purchaser only. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS HEREBY CONVEYED WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :- (a) That the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules inin SCHEDULE “F” hereunder written. (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners of the said Apartment from the The New Town Kolkata Development Authority and Madhyamgram Municipalityand shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Company. (d) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and shall obtain the Completion Certificate from the The New Town Kolkata Development AuthorityMadhyamgram Municipality in due course. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or VerticalVertical for which the Purchaser hereby authorized the Promoter. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made at the request of the Purchaser only. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO HEREBY CONVEYED HEREBY COVENANT WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY SELLER as follows :- (a) That To observe, perform, comply with and fulfil the Purchaser obligations, covenants and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules in (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of conditions on his/her/its/their name or names part to be observed and performed contained in the EOI , the Provisional Booking Letter and the Agreement as part and parcel of these presents. b) To become member and/or share holder, as the owner or owners case may be, of the said Apartment from Owners Association, upon its formation, without raising any objection whatsoever and also co-operate with the The New Town Kolkata Development Authority Association to be formed as be deemed necessary and expedient by the Promoters and also abide by all the rules and regulations restrictions and bye-laws as be framed and/or made applicable by the Promoters and/or the Association for the common purposes and shall also obtain separate assessment sign and execute all papers, documents and applications for the purpose of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Companyand to do all the necessary acts deed and things. (c) Not to hold the Seller liable for rendering any accounts or explanation of any expenses incurred by it in its acts relating to the Common Purposes or to furnish any vouchers, bills, documents etc. in any manner and the Purchaser as well as the Association shall remain liable to indemnify and keep indemnified the Sellers and/or any person or persons nominated, appointed and/or authorized by the Sellers for all liabilities due to non-fulfillment of their respective obligations contained herein by the Purchser and/or the Association. d) Use of Common Areas within the Phase-IV/other Common Areas: The Purchaser awares that certain work Purchaser, along with other purchasers/ occupants of construction, finishing work, common facilities and amenities, passages other apartments/units in the said Building Complex has not been completed Phase-IV and/or the Complex, as yet and agrees when available for use in due course of time, will be entitled to use and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion enjoy only such of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration Common Areas in the Sanction Plan or user or any part or portion of Phase-IV and/or other Common Areas within Phase- IV/Complex, as the said premises case may be, which would be earmarked and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to designated for common use by the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made Developer, at the request of the Purchaser onlyits sole discretion. (e) The Purchaser shall neither use nor transfer any mode and manner of apportionment of maintenance expenses of the Common Areas (either comprised within the Phase-IV or other space, portion and common portion other than portions of the flat/space/ Apartment, common portion and common right only being transferred Complex) amongst the co-owners (including the Purchaser) will be decided by the Vendors/Promoter herein in favour Association. Such apportionment of maintenance expenses shall be final and binding on the Purchaser as well as on other co-owners. The payment of the maintenance expenses of the Common Areas within the Phase-IV and/or other Common Areas of the Complex, wholly or partly, as the case may be, shall be made to the Association, when formed and payment of the maintenance expenses of the Common Areas of the Phase- IV/Complex, as the case may be, as and when applicable, in the manner so decided by the Association, shall be a precondition for the Purchaser to avail the benefits of user thereof and in case of non- payment of such expenses the Developer, till such time it maintains such Common Areas or the Association, when formed, will be entitled to withhold /discontinue the common services for the period of non- payment of such expenses by the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Conveyance Agreement

AND THE PURCHASER. ALLOTTEE (S) SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP VENDORSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO HEREBY CONVEYED DO AND EACH OF THEM DOTH HEREBY COVENANT WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY VENDOR as follows :-follows:- (a) That to co-operate with the Vendor and/or the facility management agency appointed by the Vendor in the management and maintenance of the Tower/said Project and other Common Purposes and formation of the Association. b) to observe and perform the rules regulations and restrictions from time to time in force for the quiet and peaceful use enjoyment and management of the Tower/said Project and in particular the Common Areas, Facilities and Amenities and other common purposes. c) to use the Apartment only for residential purpose in a decent and respectable manner and for no other purpose. d) unless the right of parking motor car is expressly granted and mentioned in the Second Schedule hereunder written, the Purchaser(s) shall not park any motor car or any other vehicle at any place in the Tower/said Project and if the right to park car is so expressly granted and mentioned in the Second Schedule the Purchaser(s) shall use the Car Parking Spaces only for the purpose of parking of their medium sized motor car. e) not to keep in the parking place anything other than private motor car and shall not raise or put up any kutcha or pucca structure grilled wall or enclosure thereon or part thereof and shall keep it always open as before. Not to make dwelling or staying of any person in the said car parking space or blocking by putting any articles. f) not to use any part of the Tower/said Project or other Common Areas, Facilities and Amenities for bathing or other undesirable purposes or such purposes which may cause any nuisance or annoyance to the other Purchasers. g) to use the Common Areas only to the extent required for ingress to and egress from the Apartment of men and materials and passage of utilities and facilities. h) to keep the common areas, open spaces, parking areas, paths, passages, staircases, lobby, landings etc., free from obstructions or encroachments and in a clean and orderly manner and not to store or allow any one to store any goods articles or things or allow anyone to sleep or rest therein or thereat or in any other Common Areas of the Tower/said Project. i) no purchaser shall make or permit any disturbing noises in the Tower/said Project or do or permit anything to be done therein which will interfere with the rights comfort or convenience of other co-transferees. No Occupier shall play upon or suffer to be played upon instrument or permit to be operated a phonograph or radio or television or loud speaker or music system in such Apartment if the same shall cause disturbance or annoyance to the other occupants of the new building. No Purchaser shall give vocal or instrumental instruction at any time in order to reduce sound emanating from any Apartment. j) not to hang or put any clothes in or upon the windows balconies and all other persons deriving title under herportions which may be exposed in a manner or be visible to the outsiders. k) no bird or animal shall be kept or harboured in the common areas of the Tower/hissaid Project. In no event shall dogs and other pets be permitted on elevators or in any of the common portions of the Tower/themselves said Project unless accompanied. l) not to claim any right whatsoever or howsoever over any other Apartment or portion of the Tower/said Project save the Apartment. m) not to put any nameplate or letter box or neon-sign or board or signage in the Common Areas or on the outside wall of the new building save a letter-box in the ground floor at the designated place as be expressly approved or provided by the Vendor and a decent nameplate or signage of the size of 6’ X 3’ outside or above the main gate of the Apartment. It is hereby expressly made clear that in no event the Purchaser(s) shall open out any additional window or any other apparatus protruding outside the exterior of the Apartment. n) not to alter the outer elevation of the tower or any part thereof nor decorate the exterior of the building otherwise than in the manner agreed by the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers in writing or in the manner as near as may be in which it was previously decorated and will to maintain at all times hereafter observe the restrictions regarding Vendor’s logo at the users set forth main entrance and on the roof of the new building. o) not to deposit or throw or permit to be deposited or thrown any rubbish or refuse or waste or spit in the House Rules instaircase, lobby, lifts, landings, pathways, passages or in any other Common Areas or in any other portion of the Tower/said Project nor into lavatories, cisterns, water or soil pipes serving the new Building nor allow or permit any other Co-transferee to do so. p) not to commit or permit to be committed any alteration or changes in the main structures, beams, pillars, pipes, conduits, cables and other fixtures and fittings serving in the tower. q) to keep the Apartment and partition walls, sewers, drains, pipes, cables, wires, entrance and main entrance serving any other Apartment in the new building in good and substantial repair and condition so as to support shelter and protect and keep habitable the other Apartments/parts of the new building and not to do or cause to be done anything in or around the Apartment which may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over below or adjacent to the Apartment. In particular and without prejudice to the generality to the foregoing, the Purchaser(s) do and each of them doth hereby covenant that the Purchaser(s) shall not make any form of alteration in the beams and columns passing through the Apartment or the Common Areas for the purpose of making changing or repairing the concealed wiring and piping or otherwise. r) not to let out transfer or part with the possession of the Car Parking Space, if the right of parking of car is granted hereunder, independent of the Apartment nor vice versa, with the only exception being that the Purchaser(s) shall be entitled to let out transfer or part with possession of the parking space independent of the Apartment to any other Co-transferee of the new building and none else. s) not to carry on or cause to be carried on any obnoxious injurious noisy dangerous hazardous illegal or immoral act deed or activity in or through the Apartment. t) maintain at their own costs, the Apartment in the same good condition state and order clean, hygienic and tidy and abide by all laws, bye-laws, rules, regulations and restrictions (bincluding those relating to Fire Safety under the West Bengal Fire Services Act, 1950 and the rules made thereunder) THAT of the Purchaser Government, concerned Paynchayat and Jila Parishad, WBPDCL, and/or any statutory authority and/or local body with regard to the user and maintenance of the Apartment as well as the user operation and maintenance of the lifts, Generator, water, electricity, drainage, sewerage and other installations and amenities including the Vendor’s logo at the New Building and to make such additions and alterations in or about or relating to the Apartment and/or the new building as be required to be carried out by them or any of them, independently or in common with the other Co-transferees as the case may be without holding the Vendor in any manner liable or responsible therefor and to pay all costs and expenses therefor wholly or proportionately as the case may be and be answerable and responsible for deviation or violation of any of their conditions or rules or bye-laws and shall indemnify and keep the Vendor saved, harmless and indemnified from and against all loss damage costs claims demands actions and proceedings that they or any of them may suffer or incur due to any non-compliance, non performance, default or negligence on the part of the Purchaser(s). u) to apply for and obtain at all times hereafter (from their own costs separate assessment and mutation of the date Apartment in the records of notice concerned Paynchayat and Jila Parishad, and the Vendor shall give their consent for possessionthe same. v) regularly and punctually make payment of to keep all the municipal rates pipes, drains, basins, sinks and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Taxwater closets, if any, in the said Apartment clean and unblocked and bear and pay all expenses relating thereto including the salaries of the cleaners, if employed by them. w) to collect and/or to remove all refuse or rubbish whatsoever from the said Apartment daily and to deposit the same in approved refuse bins receptacles or containers as may be directed from time to time at such specified places by the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers, the Ministry of Environment and/or any competent authority or organization. x) to collect and throw all refuse, rubbish, scrap, tins, bottles, boxes, containers of all kinds and article that are to be disposed of into the proper bins, receptacles or containers to be provided therefor and not to throw the same from through or over the windows or any part of the Apartment. y) not to affix, erect, attach, paint, exhibit or permit or suffer so to be upon any part of the exterior of the Apartment or any part of the new building any placard, poster, notice, advertisement, name or sign or television or wireless mast or aerial or any other levies impositions thing whatsoever or protruding any attachment or fitting in any way outside the said Apartment save and outgoing including maintenance and service charges except such as shall have been previously approved in writing by the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers. z) not to change or in any way, vary the frontage or the entrance door of the Apartment approved by the Vendor for access to the Apartment or in any way to cut or alter the entrance door without first having obtained the written consent of the Vendor, which shall not to be unreasonably withheld. aa) not to load or permit or suffer to be loaded at any time on any part of the floors or structures of the Apartment any weight greater than its load bearing capacity or as the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers may from time to time prescribe or any weight which will cause undue strain and not to install any equipment or machinery which shall be imposed unduly noisy or become payable in respect cause dangerous vibration or be a nuisance to the other occupants of the said new building. bb) not do or permit or suffer to be done anything whereby the policy or policies of insurance on the new building or the Apartment against loss or damage by fire or policies of insurance on the new building or the Apartment against loss or damage by fire or other risks may be rendered void or violable or whereby the rate of premium thereon may be increased and proportionately to make good all damage suffered by Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers and to repay to Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers on demand all sums paid way of increased premiums and all other expenses relating to the renewal of such policy or policies rendered necessary by a breach or non-observance of this covenant without prejudice to any other rights of Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers. cc) to insure and keep insured the Apartment against any claims loss liabilities or other risks arising from public or any third parties under a Public Liability Policy with an insurance company and to pay all premiums necessary for that purpose and to deliver to the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers on demand the policy of such insurance and the receipts for the Building Complex premiums so paid, from the Effective Date, which insurance shall include a Cross-Indemnity Clause and if the Purchaser(s) at any time fail to keep the Apartment insured as a whole and for aforesaid, Vendor and/or the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as facility management agency appointed by the owner or owners Vendor and/or the Association of the said Apartment Purchasers may do all things necessary to effect and maintain such insurance and any money expended for that purpose shall be repaid by Purchaser(s) to Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers. Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers and/or the respective holders of areas in rest of the building shall insure their respective area as such policy shall include similar cross indemnity clause covering the Purchaser(s) for similar risks from the The New Town Kolkata Development Authority and shall also obtain separate assessment of third party liabilities arising from the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect parts of the New Building, such amount . dd) to be determined in solely responsible for all its absolute discretion equipment and other property at the Apartment. ee) not to place or take into the lifts without the prior approval of Vendor and/or the facility management agency appointed by the Promoter and upon formation Vendor and/or the Association of the Association by such Association/Society/Service CompanyPurchasers any baggage, furniture, heavy articles or other goods. (dff) The Purchaser awares that certain work to comply with, obtain and keep valid and subsisting all requisite permissions, licenses, registrations and approvals, including but not limited to, those under the Municipal Laws, Local Laws, Labour Laws, Environmental Laws, as are applicable for the use of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including Apartment for selling of or dealing with the products or rendition of the services from the Apartment. As and when called upon to do so, the Purchaser(s) shall produce before the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers, all such permissions and licenses and if the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers is not satisfied and require of the Purchaser(s) to obtain such other or further permissions or licenses from such authorities, the Purchaser(s) shall forthwith cause to obtain such permissions or licenses. gg) to permit the Vendor and/or the facility management agency appointed by the Vendor and/or the Association of the Purchasers and their surveyors or agents with all necessary workmen and building materials appliances at all reasonable times and free ingress without previous notice in writing to the Purchaser(s) to enter upon the Apartment and egress every part thereof to view the state and will never raised condition thereof and to execute repairs, alterations on any objectionadjoining office space of all defects, decays and want of repairs there found. The Promoter expects hh) to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser fix or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made install air conditioners only at the request of designated place within the Purchaser onlyApartment and not elsewhere. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

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AND THE PURCHASER. ALLOTTEE (S) SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT UNIT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO HEREBY CONVEYED DO AND EACH OF THEM DOTH HEREBY COVENANT WITH THE VENDORS/VENDORS AND THE PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :-follows:- (a) That to co-operate with the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe Promoter and/or the restrictions regarding facility management agency appointed by the users set forth Promoter in the House Rules inmanagement and maintenance of the said Project and other Common Purposes and formation of the Association. (b) THAT to observe and perform the rules regulations and restrictions from time to time in force for the quiet and peaceful use enjoyment and management of the said Project and in particular the Common Areas of the said Project, Facilities and Amenities of the said Project and other common purposes. c) to use the UNIT only for residential purpose in a decent and respectable manner and for no other purpose. d) unless the right of parking motor car is expressly granted and mentioned in the Second Schedule hereunder written, Purchaser(s) shall not park any motor car or any other vehicle at any place in the said Project and if the right to park car is so expressly granted and mentioned in the Second Schedule the Purchaser(s) shall use the Car Parking Spaces only for the purpose of parking of their medium sized motor car. e) not to keep in the parking place anything other than private motor car and shall not raise or put up any kutcha or pucca structure grilled wall or enclosure thereon or part thereof and shall keep it always open as before. Not to make dwelling or staying of any person in the said car parking space or blocking by putting any articles. f) not to use any part of the said Project or other Common Areas, Facilities and Amenities of the said Project for bathing or other undesirable purposes or such purposes which may cause any nuisance or annoyance to the other Purchaser(s) of the Project. g) to use the Common Areas of the said Project only to the extent required for ingress to and egress from the UNIT of men and materials and passage of utilities and facilities. h) to keep the common areas, open spaces, parking areas, paths, passages, staircases, lobby, landings etc., free from obstructions or encroachments and in a clean and orderly manner and not to store or allow any one to store any goods articles or things or allow anyone to sleep or rest therein or thereat or in any other Common Areas of the said Project. i) no purchaser shall make or permit any disturbing noises in the said Project or do or permit anything to be done therein which will interfere with the rights comfort or convenience of other Purchaser(s). No Purchaser(s) shall play upon or suffer to be played upon instrument or permit to be operated a phonograph or radio or television or loud speaker or music system in such UNIT if the same shall cause disturbance or annoyance to the other occupants of the new building. No Purchaser shall give vocal or instrumental instruction at any time in order to reduce sound emanating from any UNIT. j) not to hang or put any clothes in or upon the windows balconies and other portions which may be exposed in a manner or be visible to the outsiders. k) no bird or animal shall be kept or harboured in the common areas of the said Project. In no event shall dogs and other pets be permitted in any of the common portions of the said Project unless accompanied. l) not to claim any right whatsoever or howsoever over any other UNIT or portion of the said Project save the UNIT. m) not to put any nameplate or letter box or neon-sign or board or signage in the Common Areas or on the outside wall of the new building save a letter-box in the ground floor at the designated place as be expressly approved or provided by the Promoter and a decent nameplate or signage of the size of 6’ X 3’ outside or above the main gate of the UNIT. It is hereby expressly made clear that in no event the Purchaser(s) shall open out any additional window or any other apparatus protruding outside the exterior of the UNIT. n) not to alter the outer elevation of the building or any part thereof nor decorate the exterior of the building otherwise than in the manner agreed by the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) in writing or in the manner as near as may be in which it was previously decorated. o) not to deposit or throw or permit to be deposited or thrown any rubbish or refuse or waste or spit in the staircase, lobby, lifts, landings, pathways, passages or in any other Common Areas or in any other portion of the said Project nor into lavatories, cisterns, water or soil pipes serving the new Building nor allow or permit any other Co-transferee to do so. p) not to commit or permit to be committed any alteration or changes in the main structures, beams, pillars, pipes, conduits, cables and other fixtures and fittings serving in the UNIT. q) to keep the UNIT and partition walls, sewers, drains, pipes, cables, wires, entrance and main entrance in the new building in good condition and not to do or cause to be done anything in or around the UNIT which may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over below or adjacent to the UNIT. In particular and without prejudice to the generality to the foregoing, the Purchaser(s) do and each of them doth hereby covenant that the Purchaser(s) shall not make any form of alteration in the beams and columns passing through the UNIT or the Common Areas for the purpose of making changing or repairing the concealed wiring and piping or otherwise. r) not to let out transfer or part with the possession of the Car Parking Space, if the right of parking of car is granted hereunder, independent of the UNIT. s) not to carry on or cause to be carried on any obnoxious injurious noisy dangerous hazardous illegal or immoral act deed or activity in or through the UNIT. t) to maintain at their own costs, the UNIT in the same good condition state and order clean, hygienic and tidy and abide by all times hereafter (laws, bye-laws, rules, regulations and restrictions including those relating to Fire Safety under the West Bengal Fire Services Act, 1950 and the rules made there under of the Government, WBPDCL/CESC Ltd., and/or any statutory authority and/or local body with regard to the user and maintenance of the UNIT as well as the user operation and maintenance of the water, electricity, drainage, sewerage and other installations and amenities including the Promoter’s logo and to make such additions and alterations in or about or relating to the UNIT as be required to be carried out by them or any of them, independently without holding the Vendors/Promoters in any manner liable or responsible therefor and to pay all costs and expenses therefor wholly or proportionately as the case may be and be answerable and responsible for deviation or violation of any of their conditions or rules or bye-laws and shall indemnify and keep the Vendors/Promoter saved, harmless and indemnified from and against all loss damage costs claims demands actions and proceedings that they or any of them may suffer or incur due to any non-compliance, non performance, default or negligence on the date part of notice the Purchaser(s). u) to apply for possessionand obtain at their own costs separate assessment and mutation of the UNIT in the records of the competent authority and the Vendors /Promoter shall give their consent for the same. v) regularly and punctually make payment of to keep all the municipal rates pipes, drains, basins, sinks and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Taxwater closets, if any, in the said UNIT clean and unblocked and bear and pay all expenses relating thereto including the salaries of the cleaners, if employed by them. w) to collect and/or to remove all refuse or rubbish whatsoever from the said UNIT daily and to deposit the same in approved refuse bins receptacles or containers as may be directed from time to time at such specified places by the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s), the Ministry of Environment and/or any competent authority or organization. x) to collect and throw all refuse, rubbish, scrap, tins, bottles, boxes, containers of all kinds and article that are to be disposed of into the proper bins, receptacles or containers to be provided therefor and not to throw the same from through or over the windows or any part of the UNIT. y) not to affix, erect, attach, paint, exhibit or permit or suffer so to be upon any part of the exterior of the UNIT or any part of the new building any placard, poster, notice, advertisement, name or sign or television or wireless mast or aerial or any other levies impositions thing whatsoever or protruding any attachment or fitting in any way outside the said UNIT save and outgoing including maintenance and service charges except such as shall have been previously approved in writing by the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s). z) not to change or in any way, vary the frontage or the entrance door of the UNIT approved by the Promoter for access to the UNIT or in any way to cut or alter the entrance door without first having obtained the written consent of the Promoter, which shall not to be unreasonably withheld. aa) not to load or permit or suffer to be loaded at any time on any part of the floors or structures of the UNIT any weight greater than its load bearing capacity or as the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) may from time to time prescribe or any weight which will cause undue strain and not to install any equipment or machinery which shall be imposed unduly noisy or become payable cause dangerous vibration or be a nuisance to the other occupants of the project. bb) not do or permit or suffer to be done anything whereby the policy or policies of insurance on the project and the UNIT against loss or damage by fire or policies of insurance on the project or the UNIT against loss or damage by fire or other risks may be rendered void or violable or whereby the rate of premium thereon may be increased and to make good all damage suffered by Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) and to repay to Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) on demand all sums paid way of increased premiums and all other expenses relating to the renewal of such policy or policies rendered necessary by a breach or non-observance of this covenant without prejudice to any other rights of Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s). cc) to insure and keep insured the UNIT against any claims loss liabilities or other risks arising from public or any third parties under a Public Liability Policy with an insurance company and to pay all premiums necessary for that purpose and to deliver to the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) on demand the policy of such insurance and the receipts for the premiums so paid, which insurance shall include a Cross- Indemnity Clause and if the Purchaser(s) at any time fail to keep the UNIT insured as aforesaid, the Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) may do all things necessary to effect and maintain such insurance and any money expended for that purpose shall be repaid by Purchaser(s) to Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s). The Promoter and/or the facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) and/or the respective Purchaser(s) in respect rest of the Project shall insure their respective UNIT as such policy shall include similar cross indemnity clause covering the Purchaser(s) for similar risks from the third party liabilities arising from the other parts of the said Apartment Project. dd) to be solely responsible for all its equipment and proportionately other property at the UNIT. ee) to comply with, obtain and keep valid and subsisting all requisite permissions, licenses, registrations and approvals, including but not limited to, those under the Municipal Laws, Local Laws, Labour Laws, Environmental Laws, as are applicable for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners use of the said Apartment UNIT for selling of or dealing with the products or rendition of the services from the The New Town Kolkata Development Authority UNIT. As and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessedwhen called upon to do so, the Purchaser Purchaser(s) shall pay produce before the proportionate share of Promoter and/or the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion facility management agency appointed by the Promoter and upon formation and/or the Association of the Purchaser(s), all such permissions and licenses and if the Promoter and/or the facility management agency appointed by the Promoter and/or the Association by of the Purchaser(s) is not satisfied and require of the Purchaser(s) to obtain such Association/Society/Service Companyother or further permissions or licenses from such authorities, the Purchaser(s) shall forthwith cause to obtain such permissions or licenses. (dff) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows to permit the Promoter more time to complete and/or the same including facility management agency appointed by the Promoter and/or the Association of the Purchaser(s) and their surveyors or agents with the all necessary workmen and building materials appliances at all reasonable times and free ingress without previous notice in writing to the Purchaser(s) to enter upon the UNIT and egress every part thereof to view the state and will never raised condition thereof and to execute repairs, alterations on any objectionadjoining office space of all defects, decays and want of repairs there found. The Promoter expects gg) to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser fix or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made install air conditioners only at the request of designated place within the Purchaser onlyUNIT and not elsewhere. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS HEREBY CONVEYED WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :- (a) That the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules inin SCHEDULE “I” hereunder written. (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners of the said Apartment from the The New Town Kolkata Development Authority North Dum Dum Municipality and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Company. (d) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development AuthorityNorth Dum Dum Municipality. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or VerticalVertical in accordance with Law. The promoter is also entitle to use the demarcated vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made at the request of the Purchaser only. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.

Appears in 1 contract

Samples: Indenture

AND THE PURCHASER. ALLOTTEE SHALL TO THE END AND INTENT THAT THE OBLIGATIONS AND COVENANTS HEREINAFTER CONTAINED SHALL AT ALL TIMES HEREAFTER RUN WITH THE OWNERSHIP AND POSSESSION OF THE SAID APARTMENT AND THE RIGHTS HEREBY CONVEYED WITH THE VENDORS/PROMOTER AND EACH ONE OF THEM RESPECTIVELY as follows :- (a) That the Purchaser and all other persons deriving title under her/his/themselves shall and will at all times hereafter observe the restrictions regarding the users set forth in the House Rules inin SCHEDULE “I” hereunder written. (b) THAT the Purchaser shall at all times hereafter (from the date of notice for possession) regularly and punctually make payment of all the municipal rates and taxes and other outgoings including cesses, Goods and Service Tax , Water tax, Urban Land Tax, if any, and other levies impositions and outgoing including maintenance and service charges which may from time to time be imposed or become payable in respect of the said Apartment and proportionately for the Building Complex as a whole and for the common parts and portions. (c) The Purchaser shall in due course apply for and obtain mutation of his/her/their name or names as the owner or owners of the said Apartment from the The New Town Kolkata Development Authority Barrackpore-II Dev.Block North 24 Paraganas and shall also obtain separate assessment of the said Apartment and so long the said Apartment is not separately assessed, the Purchaser shall pay the proportionate share of the municipal tax and other taxes and impositions payable in respect of the New Building, such amount to be determined in its absolute discretion by the Promoter and upon formation of the Association by such Association/Society/Service Company. (d) The Purchaser awares that certain work of construction, finishing work, common facilities and amenities, passages in the said Building Complex has not been completed as yet and agrees and hereby allows the Promoter more time to complete the same including with the workmen and building materials and free ingress and egress and will never raised any objection. The Promoter expects to complete the said Project within December, and obtain the Completion Certificate from the The New Town Kolkata Development Authority. The Purchaser or any one claiming through her/his/their assure and undertake not to do any kind of act deed or things which may prevent or delay in completion of the projects including common area and facilities and development of adjacent plot. The Purchaser is aware that the Promoter intend to make construction of the adjacent plot and for this purpose, will use the common passage facilities and amenities of the Project which the Purchaser hereby grants permission. The Promoter is also entitled to make addition, alteration in the Sanction Plan or user or any part or portion of the said premises and/or constructed portion or make additional construction either Horizontal or Vertical. The promoter is also entitle to use the vacant space for Car Parking or other use save and except the Common Passage for free ingress and egress with car. The Purchaser is aware that completion Certificate has not yet been received and this registration was made at the request of the Purchaser onlyBarrackpore-II Dev. (e) The Purchaser shall neither use nor transfer any other space, portion and common portion other than the flat/space/ Apartment, common portion and common right only being transferred by the Vendors/Promoter herein in favour of the Purchaser, by these presents. The Purchaser has no right, title, interest and claim in respect of other space.Block North 24

Appears in 1 contract

Samples: Indenture

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