Common use of Cancellation Charges Clause in Contracts

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 30 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 1510% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat Villa thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flatvilla, the Purchaser shall re-convey the Scheduled Flat Villa in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration chargesalterations, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 4 contracts

Samples: Agreement of Sale, Sale Agreement, Sale Agreement

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 30 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 1510% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration chargesalterations, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 3 contracts

Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale

Cancellation Charges. 10.1 That 5.1 The Manager will not be obliged to recognise and shall not be bound by any cancellation that is not promptly confirmed by notice in writing to the Manager, in which case the date of delay cancellation shall be the date on which the notice is deemed to have been received by the Manager. However, the Manager may at its discretion, accept and implement a cancellation requested by the Hirer, in the payment absence of installments for more than 1 month from the due datea notice in writin g, provided that if it does so, the Vendor Manager shall at his discretion not be entitled liable for accepting and implementing any cancellation made without such written notice, and under such circumstances the date of cancellation shall be the date on which the cancellation was communicated to cancel this agreement and the Vendor Manager by the Hirer. 5.2 If the Hirer cancels a Confirmed Booking, the Manager shall be entitled to forfeit be paid, subject to clauses 5.3 to 5.5, the following amounts towards cancellation charges: TELFORD THEATRE & GREAT HALL TELFORD THEATRE & GREAT HALL ALL OTHERROOMS ALL OTHER ROOMS If cancelled: Bookings using Package Rate Option (with the charge per Invitee being the Rate) Bookings based on Room Hire Option. Where Catering Charge is included in the column below, it shall be calculated by reference to the Minimum Number unless otherwise stated) Bookings using Package Rate Option (with the charge per Invitee being the Rate) Bookings based on Room Hire Option. Where Catering Charge is included in the column below, it shall be calculated by reference to the Minimum Number unless otherwise stated) Less than three Working Days before Hire Period starts 100% of the Rate times the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation 100% of each of Room Hire Charge, Equipment Charge, and Catering Charge (with the latter calculated by reference to the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation) 100% of the Rate times the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation 100% of each of Room Hire Charge, Equipment Charge, and Catering Charge (with the latter calculated by reference to the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation) Less than one week but at least three Working Days before Hire Period starts 100% of the Rate times the Minimum Number 100% of Room Hire Charge & Equipment Charge and 65% of Catering Charge 100% of the Rate times the Minimum Number 100% of Room Hire Charge & Equipment Charge and 65% of Catering Charge Less than two weeks but at least one week before Hire Period starts 75% of the Rate times the Minimum Number 100% of Room Hire Charge and 75% of Equipment Charge and 30% of Catering Charge 75% of the Rate times the Minimum Number 100% of Room Hire Charge and 75% of Equipment Charge and 30% of Catering Charge Less than four weeks but at least two weeks before Hire Period starts 75% of the Rate times the Minimum Number 100% of Room Hire Charge, 50% of Equipment Charge and 30% of Catering Charge 75% of the Rate times the Minimum Number 100% of Room Hire Charge, 50% of Equipment Charge and 30% of Catering Charge Less than two months but at least four weeks before Hire Period starts 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each of Equipment Charge and Catering Charge 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each of Equipment Charge and Catering Charge Less than three months but at least two months before Hire Period starts 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each of Equipment Charge and Catering Charge 25% of the Rate times the Minimum Number 50% of Room Hire Charge (no cancellation charge for Catering or Equipment) Less than six months but at least three months before Hire Period starts 25% of the Rate times the Minimum Number 50% of Room Hire Charge (no cancellation charge for Catering or Equipment) No cancellation charges No cancellation charges 5.3 If the Manager succeeds in re-letting the Room(s) for the Hire Period following a valid cancellation of a Confirmed Booking, then sofar as under: 10.1.1 In case of failure of the Purchaser they relate to obtain housing loan within 30 days of the provisional bookingRoom(s) hire, the cancellation charges will be nil provided necessary intimation to this effect is given reduced by the lower of (i) the amount (excluding VAT) that the Manager receives fromsuch replacement hirer, to the Vendor in writing along with necessary proof of non-sanction extent that such amount relates to the hire of the loansame Room(s) during any periodfalling within, what would have been, the Hire Period, and (ii) 90% of: a) in the case of the Room Hire Option, the amount (excluding VAT) of any Room Hire Charge (but not Catering Charge, Service Charge or Equipment Charge) that would have been payable by the Hirer if the Hire Period had not been cancelled; or b) in the case of the Package Rate Option, the proportion of the charges (excluding VAT) relating to Room(s) hire (but not Catering, Services or Equipment) ofthe Package Rate Option charges (excluding VAT) payable by the Hirer if the Hire Period had not been cancelled, and if necessary a refund shall be made to the Hirer accordingly. In the case of such non intimationcharges bas ed on the Package Rate Option, the proportion of charges and cancellation charges relating to Room(s) hire shall be Rsthat specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 5.4 If the Hirer makes a valid cancellationmore than 3 Working Days before the Hire Period starts and the Manager succeeds in re-letting the Room(s) for the Hire Period then any cancellation charges for Catering will be reduced on a £ for £ basis by the amount (excluding VAT) that the Manager receives from the replacement hirer for catering (to the extent that the amount received for catering applies to the Room(s) during the Hire Period) and if necessary a refund shall be made to the Hirer accordingly. 25,000/- 10.1.2 In the case of request for cancellation in writing within 60 days of charges basedon the provisional bookingPackage Rate Option, the cancellation proportion of charges relating to Catering shall be Rs. 50,000/-that specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 10.1.3 In all other cases 5.5 If the Hirer makes a valid cancellationmore than 3 Working Days before the Hire Period starts then, in the case of cancellation either of booking or agreementEquipment, provided the Manager succeeds in re-letting the Room(s) for the Hire Period, the cancellation cancellati on charges for Equipment will be reduced on a £ for £ basis by the amount (excluding VAT) that the Manager receives fromthe replacement hirer for equipment (to the extent that the amount received is for equipment for use in the Room(s) during the Hire Period), and if necessary a refund shall be 15% made to the Hirer accordingly. In the case of charges based on the agreed total sale considerationPackage Rate Option, the proportion of charges relating to Equipment shall be that specified in the breakdown in the Hire Form, or if not sospecified, the amount determinedby the Manager in its absolute discretion (but acting reasonably). 10.1.4 The Purchaser 5.6 Under no circumstances shall not be entitled any refund to claim refund of GSTthe Hirer under this clause 5, registration charges and such levies and taxes that may have been paid exceed the amount actually received by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month Manager from the due date, the Vendor shall at his discretion be entitled to cancel Hirer under this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 5.7 The Vendor Manager shall be entitled to re-allot / sell retain and use any and all charges paid by the said Scheduled Flat thus cancelled Hirer under this Agreement to satisfy cancelation charge with any balance ofmonies paid by the Hirer under the Agreement being refunded bu the Manager to Hirer in favour of any other personaccordance with clause 4.6. No notice from Cancellation charges, to the Vendor extent that they exceed the charges paid by the Hirer (and retained and used by the Manager to satisfy cancellation charges due) shall be necessary paid within 30 days ofinvoice and where required by lawshall be subject to VAT whichshall be payable by the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say Hirer in or to object to the sameaddition. 10.4 5.8 In case the sale deed is executed in favour event that the Hirer commits a material breach of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its costthis Agreement no charges will be refunded. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 2 contracts

Samples: Terms & Conditions, Terms & Conditions

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him it after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor Vendor/ Developer shall at his discretion be entitled to cancel this agreement ‘suo-suo- moto’, unilaterally without any recourse to the Purchaser and the Vendor Vendor/ Developer need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor Vendor/ Developer shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor Vendor/ Developer shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor Vendor/ Developer and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor Vendor/ Developer or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations chargesalterations, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 2 contracts

Samples: Sale Agreement, Agreement of Sale

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations chargesalterations, , GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 2 contracts

Samples: Sale Agreement, Agreement of Sale

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat Villa thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed Sale Deed is executed in favour of the Purchaser for such a cancelled flatvilla, the Purchaser shall re-convey the Scheduled Flat Villa in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations chargesalterations, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Sale Agreement

Cancellation Charges. 10.1 That 5.1 The Manager will not be obliged to recognise and shall not be bound by any cancellation that is not promptly confirmed by not ice in writing to the Manager, in which case the date of delay cancellation shall be the date on which the notice is deemed to have be en received by the Manager. However, the Manager may at its discretion, accept and implement a cancellation requested by the Hirer, in the payment absence of installments for more than 1 month from the due datea notice in writing, provided that if it does so, the Vendor Manager shall at his discretion not be entitled liable for accepting and implementing any cancellation made without such written notice, and under such circumstances the date of cancellation shall be the date on which the cancellation was communicated to cancel this agreement and the Vendor Manager by the Hirer. 5.2 If the Hirer cancels a Confirmed Booking, the Manager shall be entitled to forfeit be paid, subject to clauses 5.3 to 5.5, the following amounts towards cancellation charges: TELFORD THEATRE & GREAT HALL TELFORD THEATRE & GREAT HALL ALL OTHER ROOMS ALL OTHER ROOMS If cancelled: Bookings using Package Rate Option (with the charge per Invitee being the Rate) Bookings based on Room Hire Option. Where Catering Charge is included in the column below, it shall be calculated by reference to the Minimum Number unless otherwise stated) Bookings using Package Rate Option (with the charge per Invitee being the Rate) Bookings based on Room Hire Option. Where Catering Charge is included in the column below, it shall be calculated by reference to the Minimum Number unless otherwise stated) Less than three Working Days before Hire Period starts 100% of the Rate times the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation 100% of each of Room Hire Charge, Equipment Charge, and Catering Charge (with the latter calculated by reference to the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation) 100% of the Rate times the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation 100% of each of Room Hire Charge, Equipment Charge, and Catering Charge (with the latter calculated by reference to the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation) Less than one week but at least three Working Days before Hire Period starts 100% of the Rate times the Minimum Number 100% of Room Hire Charge & Equipment Charge and 65% of Catering Charge 100% of the Rate times the Minimum Number 100% of Room Hire Charge & Equipment Charge and 65% of Catering Charge Less than two weeks but at least one week before Hire Period starts 75% of the Rate times the Minimum Number 100% of Room Hire Charge and 75% of Equipment Charge and 30% of Catering Charge 75% of the Rate times the Minimum Number 100% of Room Hire Charge and 75% of Equipment Charge and 30% of Catering Charge Less than four weeks but at least two weeks before Hire Period starts 75% of the Rate times the Minimum Number 100% of Room Hire Charge, 50% of Equipment Charge and 30% of Catering Charge 75% of the Rate times the Minimum Number 100% of Room Hire Charge, 50% of Equipment Charge and 30% of Catering Charge Less than two months but at least four weeks before 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each Hire Period starts of Equipment Charge and Catering Charge of Equipment Charge and Catering Charge Less than three months but at least two months before Hire Period starts 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each of Equipment Charge and Catering Charge 25% of the Rate times the Minimum Number 50% of Room Hire Charge (no cancellation charge for Catering or Equipment) Less than six months but at least three months before Hire Period starts 25% of the Rate times the Minimum Number 50% of Room Hire Charge (no cancellation charge for Catering or Equipment) No cancellation charges No cancellation charges 5.3 If the Manager succeeds in re-letting the Room(s) for the Hire Period following a valid cancellation of a Confirmed Booking, then so far as under: 10.1.1 In case of failure of the Purchaser they relate to obtain housing loan within 30 days of the provisional bookingRoom(s) hire, the cancellation charges will be nil provided necessary intimation to this effect is given reduced by the lower of (i) the amount (excluding VAT) that the Manager receives from such replacement hirer, to the Vendor in writing along with necessary proof of non-sanction extent that such amount relates to the hire of the loansame Room(s) during any period falling within, what would have been, the Hire Period, and (ii) 90% of: a) in the case of the Room Hire Option, the amount (excluding VAT) of any Room Hire Charge (but not Catering Charge, Service Charge or Equipment Charge) that would have been payable by the Hirer if the Hire Period had not been cancelled; or b) in the case of the Package Rate Option, the proportion of the charges (excluding VAT) relating to Room(s) hire (but not Catering, Services or Equipment) of the Package Rate Option charges (excluding VAT) payable by the Hirer if the Hire Period had not been cancelled, and if necessary a refund shall be made to the Hirer accordingly. In the case of such non intimationcharges based on the Package Rate Option, the proportion of charges and cancellation charges relating to Room(s) hire shall be that specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 5.4 If the Hirer makes a valid cancellation more than 3 Working Days before the Hire Period starts and the Manager succeeds in re- letting the Room(s) for the Hire Period then any cancellation charges for Catering will be reduced on a £ for £ basis by the amount (excluding VAT) that the Manager receives from the replacement hirer for catering (to the extent that the amo unt received for catering applies to the Room(s) during the Hire Period) and if necessary a refund shall be made to the Hirer accordingly. In the case of charges based on the Package Rate Option, the proportion of charges relating to Catering shall be that specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 5.5 If the Hirer makes a valid cancellation more than 3 Working Days before the Hire Period starts th en, in the case of Equipment, provided the Manager succeeds in re-letting the Room(s) for the Hire Period, the cancellation charges for Equipment will be reduced on a £ for £ basis by the amount (excluding VAT) that the Manager receives from the replacemen t hirer for equipment (to the extent that the amount received is for equipment for use in the Room(s) during the Hire Period), and if necessary a refund shall be Rsmade to the Hirer accordingly. 25,000/- 10.1.2 In the case of request for cancellation in writing within 60 days of charges based on the provisional bookingPackage Rate Option, the cancellation proportion of charges relating to Equipment shall be Rs. 50,000/-that specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 10.1.3 In all other cases of cancellation either of booking or agreement5.6 Under no circumstances shall any refund to the Hirer under this clause 5, exceed the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid amount actually received by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month Manager from the due date, the Vendor shall at his discretion be entitled to cancel Hirer under this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 5.7 The Vendor Manager shall be entitled to re-allot / sell retain and use any and all charges paid by the said Scheduled Flat thus cancelled Hirer under this Agreement to satisfy cancela tion charge with any balance of monies paid by the Hirer under the Agreement being refunded bu the Manager to Hirer in favour of any other personaccordance with clause 4.6. No notice from Cancellation charges, to the Vendor extent that they exceed the charges paid by the Hirer (and retained and used by the Manager to satisfy cancellation charges due) shall be necessary to the defaulting Purchaser to take action as stated herein, paid within 30 days of invoice and such action where required by law shall be at subject to VAT which shall be payable by the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say Hirer in or to object to the sameaddition. 10.4 5.8 In case the sale deed is executed in favour event that the Hirer commits a material breach of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its costthis Agreement no charges will be refunded. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Terms & Conditions

Cancellation Charges. 10.1 That A. In the event that (i) any Charter Flight(s) are cancelled at the request of Charterer or by United under Section 6.C of this Agreement or (ii) this Agreement is terminated as set forth in case Section 10.E of delay this Agreement, Charterer agrees to pay United, as liquidated damages (but not as a penalty), a cancellation charge with respect to each cancelled Charter Flight to be computed as follows. When the cancellation occurs (i) more than sixty (60) days before the Charter Flight is to commence from the point of origin as set forth in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional bookingFlight Schedule, the cancellation charges will charge for such Charter Flight shall be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of nontwenty-sanction five percent (25%) of the loan. In case Charter Price (less applicable Travel Taxes) therefor; (ii) at least seven (7) days but not more than sixty (60) days before such Charter Flight is to commence from the point of such non intimationorigin as set forth in the Flight Schedule, the cancellation charges charge shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days fifty percent (50%) of the provisional bookingCharter Price (less applicable Travel Taxes) therefor; or (iii) less than seven (7) days before such Charter Flight is to commence from the point of origin as set forth in the Flight Schedule, the cancellation charges charge shall be Rs. 50,000/-one-hundred percent (100%) of the Charter Price (less applicable Travel Taxes) therefor; provided, however, that such cancellation shall not relieve Charterer of its obligation to pay United for any services already provided (or for additional costs incurred by United as a result of such cancellation) in relation to such Charter Flight(s) under the terms of this Agreement. 10.1.3 In all other cases B. The cancellation charges set forth in Section 9 of this Agreement shall immediately become due and payable at the time of such cancellation either in accordance with Section 5 hereof, unless full payment for the affected Charter Flights has already been received by United in which case the balance (if any) of booking or agreement, the payment less the applicable cancellation fees shall be refunded to Charterer within ten (10) business days. C. The cancellation charges shall be not apply: (i) if the cancellation results from Force Majeure (as defined in Section 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor ); or Purchaser (ii) in the event of cancellation. 10.2 That that United cancels a Charter Flight pursuant to Sections 2.B or 3 hereof, in which case of delay in United shall refund the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse Charter Price excepting only that portion thereof attributable to the Purchaser transportation already performed and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall transportation as may be necessary to the defaulting Purchaser return charter passengers to take action their origination airport. As it relates to Public Charters, United will assume expenses incurred for all charter passengers as stated hereina result of an improper cancellation, and such action shall be at the sole prerogative and discretion delay or interruption of the Vendor and the defaulting Purchaser shall have no say in or to object a Charter Flight to the sameextent required under the Charter Regulations. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Aircraft Charter Agreement

Cancellation Charges. 10.1 That 5.1 The Manager will not be obliged to recognise and shall not be bound by any cancellation that is not promptly confirmed by not ice in writing to the Manager, in which case the date of delay cancellation shall be the date on which the notice is deemed to have be en received by the Manager. However, the Manager may at its discretion, accept and implement a cancellation requested by the Hirer, in the payment absence of installments for more than 1 month from the due datea notice in writing, provided that if it does so, the Vendor Manager shall at his discretion not be entitled liable for accepting and implementing any cancellation made without such written notice, and under such circumstances the date of cancellation shall be the date on which the cancellation was communicated to cancel this agreement and the Vendor Manager by the Hirer. 5.2 If the Hirer cancels a Confirmed Booking, the Manager shall be entitled to forfeit be paid, subject to clauses 5.3 to 5.5, the following amounts towards cancellation charges: TELFORD THEATRE & GREAT HALL TELFORD THEATRE & GREAT HALL ALL OTHER ROOMS ALL OTHER ROOMS If cancelled: Bookings using Package Rate Option (with the charge per Invitee being the Rate) Bookings based on Room Hire Option. Where Catering Charge is included in the column below, it shall be calculated by reference to the Minimum Number unless otherwise stated) Bookings using Package Rate Option (with the charge per Invitee being the Rate) Bookings based on Room Hire Option. Where Catering Charge is included in the column below, it shall be calculated by reference to the Minimum Number unless otherwise stated) Less than three Working Days before Hire Period starts 100% of the Rate times the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation 100% of each of Room Hire Charge, Equipment Charge, and Catering Charge (with the latter calculated by reference to the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation) 100% of the Rate times the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation 100% of each of Room Hire Charge, Equipment Charge, and Catering Charge (with the latter calculated by reference to the Minimum Number or the confirmed number of Invitees, whichever is the greater at the point of cancellation) Less than one week but at least three Working Days before Hire Period starts 100% of the Rate times the Minimum Number 100% of Room Hire Charge & Equipment Charge and 65% of Catering Charge 100% of the Rate times the Minimum Number 100% of Room Hire Charge & Equipment Charge and 65% of Catering Charge Less than two weeks but at least one week before Hire Period starts 75% of the Rate times the Minimum Number 100% of Room Hire Charge and 75% of Equipment Charge and 30% of Catering Charge 75% of the Rate times the Minimum Number 100% of Room Hire Charge and 75% of Equipment Charge and 30% of Catering Charge Less than four weeks but at least two weeks before Hire Period starts 75% of the Rate times the Minimum Number 100% of Room Hire Charge, 50% of Equipment Charge and 30% of Catering Charge 75% of the Rate times the Minimum Number 100% of Room Hire Charge, 50% of Equipment Charge and 30% of Catering Charge Less than two months but at least four weeks before 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each Hire Period starts of Equipment Charge and Catering Charge of Equipment Charge and Catering Charge Less than three months but at least two months before Hire Period starts 50% of the Rate times the Minimum Number 75% of Room Hire Charge and 15% of each of Equipment Charge and Catering Charge 25% of the Rate times the Minimum Number 50% of Room Hire Charge (no cancellation charge for Catering or Equipment) Less than six months but at least three months before Hire Period starts 25% of the Rate times the Minimum Number 50% of Room Hire Charge (no cancellation charge for Catering or Equipment) No cancellation charges No cancellation charges 5.3 If the Manager succeeds in re-letting the Room(s) for the Hire Period following a valid cancellation of a Confirmed Booking, then so far as under: 10.1.1 In case of failure of the Purchaser they relate to obtain housing loan within 30 days of the provisional bookingRoom(s) hire, the cancellation charges will be nil provided necessary intimation to this effect is given reduced by the lower of (i) the amount that the Manager receives from such replacement hirer, to the Vendor in writing along with necessary proof of non-sanction extent that such amount relates to the hire of the loansame Room(s) during any perio d falling within, what would have been, the Hire Period, and (ii) 90% of: a) in the case of the Room Hire Option, the amount of any Room Hire Charge (but not Catering Charge, Service Charge or Equipment Charge) that would have been payable by the Hirer if the Hire Period had not been cancelled; or b) in the case of the Package Rate Option, the proportion of the charges relating to Room(s) hire (but not Catering, Services or Equipment) of the Package Rate Option charges payable by the Hirer if the Hire Period had not been cancelled, and if necessary a refund shall be made to the Hirer accordingly. In the case of such non intimationcharges based on the Package Rate Option, the proportion of charges and cancellation charges relating to Room(s) hire shall be that specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 5.4 If the Hirer makes a valid cancellation more than 3 Working Days before the Hire Period starts and the Manager succeeds in re - letting the Room(s) for the Hire Period then any cancellation charges for Catering will be reduced on a £ for £ basis by the amount that the Manager receives from the replacement hirer for catering (to the extent that the amount received for catering applies to the Room(s) during the Hire Period) and if necessary a refund shall be made to the Hirer accordingly. In the case of charges based on the Package Rate Option, the proportion of charges relating to Catering shall be that specified in the break down in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 5.5 If the Hirer makes a valid cancellation more than 3 Working Days before the Hire Period starts then, in the case of Equipment , provided the Manager succeeds in re-letting the Room(s) for the Hire Period, the cancellation charges for Equipment will be reduced on a £ for £ basis by the amount that the Manager receives from the replacement hirer for equipment (to the extent that the amount received is for equipment for use in the Room(s) during the Hire Period), and if necessary a refund shall be Rsmade to the Hirer accordingly. 25,000/- 10.1.2 In the case of request for cancellation in writing within 60 days of charges based on the provisional bookingPackage Rate Option, the cancellation proportion of charges relating to Equipment shall be Rs. 50,000/-that specified in the breakdown in the Hire Form, or if not so specified, the amount determined by the Manager in its absolute discretion (but acting reasonably). 10.1.3 In all other cases of cancellation either of booking or agreement5.6 Under no circumstances shall any refund to the Hirer under this clause 5, exceed the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid amount actually received by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month Manager from the due date, the Vendor shall at his discretion be entitled to cancel Hirer under this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 5.7 The Vendor Manager shall be entitled to re-allot / sell retain and use any and all charges paid by the said Scheduled Flat thus cancelled Hirer under this Agreement to satisfy cancela tion charge with any balance of monies paid by the Hirer under the Agreement being refunded bu the Manager to Hirer in favour of any other personaccordance with clause 4.6. No notice from Cancellation charges, to the Vendor extent that they exceed the charges paid by the Hirer (and retained and used by the Manager to satisfy cancellation charges due) shall be necessary paid within 30 days of invoice and where required by law s hall be subject to the defaulting Purchaser to take action as stated herein, and such action VAT which shall be at payable by the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say Hirer in or to object to the sameaddition. 10.4 5.8 In case the sale deed is executed in favour event that the Hirer commits a material breach of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its costthis Agreement no charges will be refunded. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Terms & Conditions

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Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 30 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him it after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Sale Agreement

Cancellation Charges. 10.1 That A. In the event that (i) any Charter Flight(s) are cancelled at the request of Charterer or by United under Section 6.C of this Agreement or (ii) this Agreement is terminated as set forth in case Section 10.E of delay this Agreement, Charterer agrees to pay United, as liquidated damages (but not as a penalty), a cancellation charge with respect to each cancelled Charter Flight to be computed as follows. When the cancellation occurs (i) more than sixty (60) days before the Charter Flight is to commence from the point of origin as set forth in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional bookingFlight Schedule, the cancellation charges will charge for such Charter Flight shall be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of nontwenty-sanction five percent (25%) of the loan. In case Charter Price (less applicable Travel Taxes) therefor; (ii) at least seven (7) days but not more than sixty (60) days before such Charter Flight is to commence from the point of such non intimationorigin as set forth in the Flight Schedule, the cancellation charges charge shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days fifty percent (50%) of the provisional bookingCharter Price (less applicable Travel Taxes) therefor; or (iii) less than seven (7) days before such Charter Flight is to commence from the point of origin as set forth in the Flight Schedule, the cancellation charges charge shall be Rs. 50,000/-one-hundred percent (100%) of the Charter Price (less applicable Travel Taxes) therefor; provided, however, that such cancellation shall not relieve Charterer of its obligation to pay United for any services already provided (or for additional costs incurred by United as a result of such cancellation) in relation to such Charter Flight(s) under the terms of this Agreement. 10.1.3 In all other cases B. The cancellation charges set forth in Section 9 of this Agreement shall immediately become due and payable at the time of such cancellation either in accordance with Section 5 hereof, unless full payment for the affected Charter Flights has already been received by United in which case the balance (if any) of booking or agreement, the payment less the applicable cancellation fees shall be refunded to Charterer within ten (10) business days. C. The cancellation charges shall be not apply: (i) if the cancellation results from Force Majeure (as defined in Section 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor ); or Purchaser (ii) in the event of cancellation. 10.2 That that United cancels a Charter Flight pursuant to Sections 2.B or 3 hereof, in which case of delay in United shall refund the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse Charter Price excepting only that portion thereof attr butable to the Purchaser transportation already performed and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall transportation as may be necessary to the defaulting Purchaser return charter passengers to take action their origination airport. As it relates to Public Charters, United will assume expenses incurred for all charter passengers as stated hereina result of an improper cancellation, and such action shall be at the sole prerogative and discretion delay or interruption of the Vendor and the defaulting Purchaser shall have no say in or to object a Charter Flight to the sameextent required under the Charter Regulations. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Aircraft Charter Agreement

Cancellation Charges. 10.1 That If Owner terminates this Agreement under Section 22.6(a) at any time after the Effective Date, Owner shall pay to Contractor the following as Contractor’s sole and exclusive remedy: (i) All reasonable, direct and verifiable charges validly assessed against Contractor for cancellation of Subcontracts, including restocking fees and cancellation charges, provided that Contractor shall have used commercially reasonable efforts to minimize such charges (whether during negotiation, execution or termination of such Subcontracts); (ii) Payment for properly completed Work reflected in case of delay any pending Milestone Payment Invoice; (iii) For partially completed Work not reflected in the payment of installments for more than 1 month from the due datea pending Milestone Payment Invoice, the Vendor shall at his discretion be entitled to cancel this agreement reasonable, direct and verifiable costs on a time and materials basis in accordance with the Vendor shall be entitled to forfeit rates and terms set forth in Exhibit J, including a markup for overhead and profit on such costs as permitted by Exhibit J, associated with the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given Project up to the Vendor in writing along with necessary proof point of non-sanction termination by Owner; provided, however, that (1) Owner shall not be obligated to pay an amount for costs actually incurred which unreasonably exceeds the percentage of total cost as compared to the loan. In case percentage of such non intimationtotal Work completed prior to termination, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser and (2) Contractor shall not be entitled to claim refund any markup for overhead and profit on the cost of GST, registration charges and such levies and taxes the racking or cabling that it may have been paid procured; and (iv) For demobilization, all reasonable, direct and verifiable costs on a time and materials basis in accordance with the rates and terms set forth in Exhibit J; provided, however, that (1) any amount payable under this Section 22.6(b) shall be reduced by (A) any rebates, credits or refunds obtained, (B) any overpayment by Owner, (C) the Vendor or Purchaser costs to cure any deficiencies in the event Work and (D) the reasonable salvage value or the proceeds of cancellation. 10.2 That in case the sale to a third party of delay undelivered and unpaid for Equipment, with the understanding that Owner, at its exclusive preference, may accept delivery of complete or incomplete Equipment included in the payment termination charges; (2) in no event shall Owner be obligated to pay Contractor an aggregate amount under clauses (ii), (iii) and (iv) of installments for more than 1 month from this Section 22.6(b) that exceeds the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser Contract Price; and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser (3) Owner shall have no say obligation to pay Contractor for its anticipated profits or for any sales commissions. Contractor acknowledges and agrees that it has an affirmative duty to mitigate all costs and damages to it in or connection with any termination of this Agreement. All claims for payment by Contractor under this Section 22.6(b) must be made by Contractor in accordance with Section 9.6 within sixty (60) Days after the termination of this Agreement. Failure of Contractor to object to the samemake any such claim within such 60-Day period shall be deemed a waiver by Contractor of such claim. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 30 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations charges, GST, registration chargesalterations, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Agreement of Sale

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 15% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat thus Flatthus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed Sale Deed is executed in favour of the Purchaser for such a cancelled flat, the Purchaser shall re-convey the Scheduled Flat in Xxxxxx favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations chargesalterations, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Sale Agreement

Cancellation Charges. 10.1 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement and the Vendor shall be entitled to forfeit the following amounts towards cancellation charges as under: 10.1.1 In case of failure of the Purchaser to obtain housing loan within 30 days of the provisional booking, the cancellation charges will be nil provided necessary intimation to this effect is given to the Vendor in writing along with necessary proof of non-sanction of the loan. In case of such non intimation, the cancellation charges shall be Rs. 25,000/- 10.1.2 In case of request for cancellation in writing within 60 days of the provisional booking, the cancellation charges shall be Rs. 50,000/-. 10.1.3 In all other cases of cancellation either of booking or agreement, the cancellation charges shall be 1510% of the agreed total sale consideration. 10.1.4 The Purchaser shall not be entitled to claim refund of GST, registration charges and such levies and taxes that may have been paid by the Vendor or Purchaser in the event of cancellation. 10.2 That in case of delay in the payment of installments for more than 1 month from the due date, the Vendor shall at his discretion be entitled to cancel this agreement ‘suo-moto’, unilaterally without any recourse to the Purchaser and the Vendor need not give any prior notice or intimation to the Purchaser of such action of cancellation of the Agreement. 10.3 The Vendor shall be entitled to re-allot / sell the said Scheduled Flat Villa thus cancelled in favour of any other person. No notice from the Vendor shall be necessary to the defaulting Purchaser to take action as stated herein, and such action shall be at the sole prerogative and discretion of the Vendor and the defaulting Purchaser shall have no say in or to object to the same. 10.4 In case the sale deed is executed in favour of the Purchaser for such a cancelled flatvilla, the Purchaser shall re-convey the Scheduled Flat Villa in favour of the Vendor or its nominees at its cost. 10.5 In case of cancellation of the booking or agreement of sale the Vendor shall refund the amount received by him after deducting cancellation charges, additions and alterations chargesalterations, GST, registration charges, other taxes, etc., within one year from the date of cancellation. The Vendor at its discretion may refund such an amount in installments.

Appears in 1 contract

Samples: Agreement of Sale

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