Common use of Club Clause in Contracts

Club. A ‘ Club’ for some of the facilities as committed in Schedule-D shall be set up as part of the complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said Club. The Promoter will have the right to hand over the club to the Apex Association at the completion of the Project or the Complex. The facilities of the Club would be such as be decided by Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required to abide by the rules and regulations which will be framed by Promoter. The club will be operational before the completion of the last phase of the Complex, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available on a pay and use basis. 9.1 If any Allottee becomes a member of the Club and in the event any Allottee leases or rents out his/her/its Apartment Unit, it will be mandatory of such Allottee to notify the Club Manager /Maintenance-in-Charge of such leasing/renting. The Allottee will thereafter be barred from using the Club/Common facilities till such time he/she/it is back in possession of the Apartment and its lessee/tenant will be entitled to utilize the Club / common facilities as per rules. The Allottee and the lessee/tenant both cannot be a member of the club simultaneously.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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Club. A ‘ Club’ for some of the facilities as committed in Schedule-D The Club shall be set up as a part of the complex comprising of this phase Complex Common Portions. The Developer will initially manage it by itself or through its nominee or nominees, which can be an agency having knowledge, competency and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said expertise in running a Club. The Promoter Developer will have the right to hand over the club to the Apex Association at the completion of the Project or the Complex. The facilities management of the Club would be such as be decided by Promoter to the tentative description whereof is as given in Complex Association upon its formation. All the brochure and the location purchasers of Units of the Complex will be members of the Club. All purchasers may request for additional membership to the Club for the occupants of their Units, which may be varied permitted by the Promoter if Developer or the concerned Association on such terms and conditions as the Developer or the concerned Association may deem fit and proper, which will, inter alia, be as under: (i) If the Purchaser is a Body Corporate or a Partnership firm or a HUF or any other Association of Persons, it will be required at to nominate the time occupier of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become Unit as the member of the Club, and . (ii) If the members bring guests to use the Club will be run professionally and all members facilities, they will be required to abide pay guest charges and this will be governed by the rules and regulations which will be framed by Promoter. The club will be operational before the completion of the last phase Club. (iii) Some of the Complex, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in at the Club shall be made available to the members, subject to payment only of the Monthly Subscription, while other facilities will be available on a "pay and use basisuse" basis over and above the Monthly Subscription. 9.1 If any Allottee becomes a member (iv) Detailed terms and conditions of the Club membership, different charges and in rules and regulations governing the event any Allottee leases or rents out his/her/its Apartment Unit, it usage of the Club will be mandatory formulated in due course and circulated to all the members and the same will be binding on all the members, including Additional Members. (v) The Purchaser hereby accepts that all the facilities of such Allottee to notify the Club Manager /Maintenance-in-Charge of such leasing/renting. The Allottee will thereafter may not be barred from using ready or operational for use as on the Club/Common facilities till such time he/she/it is back in possession Possession Date and that as soon as any of the Club facilities becomes operational, use thereof shall immediately be made available to the Purchaser. (vi) If the Said Apartment and its lessee/tenant will be entitled to utilize is transferred, the Purchaser's membership of the Club / common facilities as per rules. The Allottee will automatically stand transferred to its transferee and the lessee/tenant both cannot be a member Purchaser's membership and those of the club simultaneouslyits additional members, if any, will automatically stand cancelled.

Appears in 2 contracts

Samples: Conveyance, Conveyance

Club. A ‘ Club’ for some of the facilities as committed in Schedule-D The Club shall be set up as a part of the complex comprising of this phase Complex Common Portions. The Promoter will initially manage it by itself or through its nominee or nominees, which can be an agency having knowledge, competency and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said expertise in running a Club. The Promoter will have the right to hand over the club management of the Club to the Apex Complex Association at the upon completion of the Project or sooner as may be best in the Complex. The facilities interest of the Club would be such as be decided by Promoter Club. All the tentative description whereof is as given in the brochure and the location Allottees of Units of the Complex will be members of the Club. All Allottees may request for additional membership to the Club for the occupants of their Units, which may be varied permitted by the Promoter if or the concerned Association on such terms and conditions as the Promoter or the concerned Association may deem fit and proper, which will, inter alia, be as under: (a) If the Allottee is a Body Corporate or a Partnership firm or a HUF or an LLP or any other Association of Persons, it will be required at to nominate the time occupier of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become Unit as the member of the Club, and . (b) If the members bring guests to use the Club will be run professionally and all members facilities, they will be required to abide pay guest charges and this will be governed by the rules and regulations which will be framed by Promoter. The club will be operational before the completion of the last phase Club. (c) Some of the Complexfacilities at the Club shall be available to the members, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of only the Monthly Subscription, while other facilities will be available on "pay and use" basis over and above the Monthly Subscription. (d) Detailed terms and conditions of the Club membership, different charges and observance rules and regulations governing the usage of regulations. It is clarified that certain facilities, areas and installations in the Club will be formulated in due course and circulated to all the members and the same will be binding on all the members, including Additional Members. (e) The Allottee hereby accepts that all the facilities of the Club may not be ready or operational for use as on the Possession Date and that as soon as any of the Club facilities becomes operational, use thereof shall immediately be made available on a pay and use basisto the Allottee. 9.1 (f) If any Allottee becomes a member the Said Apartment is transferred, the Allottee's membership of the Club and in the event any Allottee leases or rents out his/her/will automatically stand transferred to its Apartment Unit, it will be mandatory of such Allottee to notify the Club Manager /Maintenance-in-Charge of such leasing/renting. The Allottee will thereafter be barred from using the Club/Common facilities till such time he/she/it is back in possession of the Apartment and its lessee/tenant will be entitled to utilize the Club / common facilities as per rules. The Allottee transferee and the lessee/tenant both cannot be a member Allottee's membership and those of the club simultaneouslyits additional members, if any, will automatically stand cancelled.

Appears in 2 contracts

Samples: Conveyance, Conveyance

Club. A Club’ for some of the facilities as committed in Schedule-SCHEDULE D shall be has been set up as part of the complex Complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said Club. The Promoter Promoters will have the right to hand over the club to the Apex Association at the completion of the Project or the Complex. The facilities of Upon Possession, the Club would be such as be decided by Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required to abide by the rules and regulations which will be framed by Promoter. The club will be operational before the completion of the last phase of the Complex, but possession of Building Blocks will be given in phasesPromoters. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available on a pay and use basis. 9.1 . The facilities of the Club comprises Children’s Play Area/ Toddler Zone, A.C. Banquet hall for common use, Café Area, Lounge, Swimming Pool with changing rooms, Indoor Games Room, Gym, Home Theatre, Children’s Splash Pool, Steam room, Yoga and meditation hall, Spa, Conference Room and other facilities/ amenities provided by the Developer. If any Allottee becomes a member of the Club and in the event any Allottee leases or rents out his/her/its Apartment Unit, it will be mandatory of such Allottee to notify the Club Manager /Maintenance/ Maintenance-in-Charge of such leasing/renting. The Allottee will thereafter be barred from using the Club/Common facilities till such time he/she/it is back in possession of the Apartment and its lessee/tenant will be entitled to utilize the Club / common facilities as per rules. The Allottee and the lessee/tenant both cannot be a member of the club simultaneously. Club Scheme: The detailed terms and conditions of membership and rules and regulations governing use of the Said Club / facilities will be formulated in due course and circulated to the Allottee (Club Scheme). (1) The Allottee will be required to abide by the Club Scheme (2) Membership of the Said Club shall also be open only to all Allottees of the Complex (3) Each Apartment can opt for 1 (one) membership, irrespective of the number of owners/lessees of such Apartment (4) Membership is open only to individuals (i.e. no corporate membership) and if the Allottee is a body corporate, it will be required to nominate 1 (one) occupier of its Apartment, who, for all purposes, shall be treated as the member of the Club (5) The Club can be used by the member and his/her immediate family who are permanently staying with the member such as spouse, children, parents, brothers and sisters [the names and details of such family, members have to be intimated by the Allottee to the Club Manager as and when required by the Club Manager (6) Members may, subject to the reservation of rights of admission and club rules, bring in guests on payment of guest fees. (7) In the event of sale/transfer of the Apartment, the membership will stand terminated and the new owner/lessee may be nominated/granted a new membership at the then applicable terms and as per the rules and regulations of the Club then in force (8) If an Allottee lets out his/her Apartment, he/she may request a temporary suspension of his/her usage right of the Club and permission for usage of the Club by the tenant under his/her membership; if such permission is granted, the tenant may use the Club only during the tenure of the tenancy subject to payment of all charges as would have been payable by the Allottee; and (9) The acceptance by the Allottee of these conditions and the Club Scheme shall be a condition precedent to completion of sale of the said Apartment. The allottees of the Complex are required to pay charges for the Club and also monthly subscription charges for maintenance. The maintenance of Club /facilities which are common to the Larger Project/Complex will be proportionately paid by the Allottees from the date the Club and other facilities becomes operational either in full or in part as the case may be. Allottees of every phase will be entitled to use the Club as and when they get possession. Club Maintenance and other facilities Charges will be borne proportionately by all the Allottees i.e. monthly club charges will be calculated on the basis of the following formula: total club and other facilities expenses / total sq. ft. of all the Allottees who have got possession. GST and all other taxes as applicable will be charged extra on the above said charges. Detailed terms and conditions of membership and rules and regulations governing the usage of the club will be formulated in due course and circulate to members before the Club is made operational. All the members will have to abide by these rules and regulations. The intended facilities of the club outlined in the application kit are tentative and may vary at the sole discretion of Promoters.

Appears in 1 contract

Samples: Sale Agreement

Club. (i) A Club’ for some of the facilities as committed in Schedule-D shall be set up as part of the complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said ClubProject/Complex. The Owner/Vendor/Promoter will have the right to hand over the club to the Apex Association of Allottees at the completion of the Project or the Complex. The facilities of the Club would be such as be decided by Owner/Vendor/Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees Allottee(s) shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required to abide by the rules and regulations which will be framed by Owner/Vendor/Promoter. The club will be operational before the completion of the last phase of the Complex, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available on a pay and use basis. 9.1 (ii) If any Allottee Allottee(s) becomes a member of the Club and in the event any Allottee Allottee(s) leases or rents out his/her/its Apartment UnitApartment, it will be mandatory of such Allottee Allottee(s) to notify the Club Manager /Maintenance/ Maintenance-in-Charge of such leasing/renting. The Allottee Allottee(s) will thereafter be barred from using the Club/Common facilities till such time he/she/it is back in possession of the said Apartment and its lessee/tenant will be entitled to utilize the Club / common facilities as per rules. The Allottee Allottee(s) and the lessee/tenant both cannot be a member of the club simultaneously. (iii) The detailed terms and conditions of membership and rules and regulations governing use of the Said Club / facilities will be formulated in due course and circulated to the Allottee. (iv) In the event of sale/transfer of the said Apartment, the membership will stand terminated and the new owner/lessee may be nominated/granted a new membership at the then applicable terms and as per the rules and regulations of the Club then in force. (v) The acceptance by the Allottee(s) of these conditions and the Club Scheme shall be a condition precedent to completion of sale of the Said Apartment. GST and all other taxes as applicable will be charged extra on the above said charges.

Appears in 1 contract

Samples: Sale Agreement

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Club. A ‘ Club’ 39.1 The Promoter proposes to set up a club for some use of the facilities as committed residents in Schedule-D shall be set up as the Project (the "Club"). The Club will form part of the complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said Club. The Promoter will have the right to hand over the club to the Apex Association at the completion Common Areas of the Project or the Complex. The facilities of the Club would be such as be decided by Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required handed over to abide by the rules and regulations which will be framed by PromoterAssociation in due course. The club will be operational before During the completion of the last phase of the Complexinterim maintenance period, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available on a pay and use basismanaged by the Promoter either by itself or through its nominee. 9.1 If any 39.2 The Allottee becomes shall be entitled to the facilities of a club within the Project (“Club”) along with the other allottees and/or occupiers of the row bungalows in the Project. The operational costs/charges of the Club shall form part of the common charges and expenses. 39.3 The rights and obligations of the Allottee as a member of the Club and the detailed terms and conditions of membership and rules and regulations governing use of the Club facilities will be formulated by the Promoter or the Association, as the case may be, in due course and circulated to members before the event any Club is made operational. The Allottee leases agrees, undertakes and covenants to abide by such rules and regulations and make payment of all periodic subscriptions and other expenses relating thereto. 39.4 On failure of the Allottee to regularly pay the charges, subscriptions, etc. in respect of the Club, the Promoter or rents out the Association, as the case may be, shall be entitled to restrict the Allottee’s entry to the Club and withdraw all the privileges of the Club to the Allottee, and the Allottee hereby gives his/her/its Apartment Unitunfettered consent to the same. 39.5 The Allottee shall be allowed to allow their guests to use the Club facilities, it on payment of the prescribed guest charges and in accordance with the rules and regulations of the Club. 39.6 The Allottee hereby agrees and acknowledges that some of the facilities at the Club shall be available to the members of the Club, subject to payment of the monthly subscription only, while other facilities will be mandatory available on "pay by use" basis over and above the monthly subscription or such other basis as may be decided by the Promoter/Association. 39.7 The Club facilities will be operational only after the majority of the allottees of the row bungalows have moved into the Project and also only after the club management and/or the Promoter getting suitable professional operator at a reasonable cost for operating such Allottee to notify club facilities so that the Club Manager /Maintenance-in-Charge of such leasing/renting. may be run as a viable and not loss making concern. 39.8 The Allottee will thereafter be barred from using understands and accepts that all the Clubfacilities of the Club may not get ready/Common facilities till such operational for use at the time he/she/it is back in the possession of the Apartment and its lessee/tenant will be entitled Row Bungalow is handed over to utilize the Allottee. However, if at that time some of the Club / common facilities are made operational, then, and in that event, the Allottee as per rules. The Allottee and the lessee/tenant both cannot be a member of the club simultaneouslyClub, shall be entitled to use all those facilities which have been made operational and shall pay such charges as may be then decided by the Promoter/Association/maintenance body. 39.9 In case the Row Bungalow is transferred by the Allottee, the membership of the Club will automatically stand transferred to the transferee of the Row Bungalow and the Allottee will automatically cease to be member/user of the Club. 39.10 Detailed terms and conditions of the Club membership, different charges and rules and regulations governing the usage of the Club will be formulated in due course and circulated to all the members and the same will be binding on all the members (including additional members).

Appears in 1 contract

Samples: Sale Agreement

Club. (i) A Club’ for some of the facilities as committed in Schedule-D shall be has been set up as part of the complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said ClubProject/Complex. The Owner/Vendor/Promoter will have has the right to hand over the club to the Apex Association of Buyers at the completion of the Project or the Complex. The facilities of the Club would be such as be decided by Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees Buyer shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required to abide by the rules and regulations which will be framed by Promoter. The club will be operational before the completion Owner/Vendor/Promoter or the Association of the last phase of the Complex, but possession of Building Blocks will be given in phasesBuyers or Jointly. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available on a pay and use basis. 9.1 (ii) If any Allottee Buyer becomes a member of the Club and in the event any Allottee Buyer leases or rents out his/her/its Apartment UnitApartment, it will be mandatory of such Allottee Buyer to notify the Club Manager /MaintenanceManager/Maintenance-in-Charge of such leasing/renting. The Allottee Buyer will thereafter be barred from using the Club/Common facilities till such time he/she/it is back in possession of the said Apartment and its lessee/tenant will be entitled to utilize the Club / common facilities as per rules. The Allottee Buyer and the lessee/tenant both cannot be a member of the club simultaneously. (iii) The detailed terms and conditions of membership and rules and regulations governing use of the Said Club / facilities will be formulated in due course and circulated to the Buyer. (iv) In the event of sale/transfer of the said Apartment, the membership will stand terminated and the new owner/lessee may be nominated/granted a new membership at the then applicable terms and as per the rules and regulations of the Club then in force. (v) The acceptance by the Buyer of these conditions and the Club Scheme shall be a condition precedent to completion of Deed of Conveyance of the Said Apartment. GST and all other taxes as applicable will be charged extra on the above said charges. SCHEDULE-‘A’ (LAND TO BE DEVELOPED)

Appears in 1 contract

Samples: Deed of Conveyance

Club. A ‘ 5.3.1. In the event of a club (“Club”) being constructed by LPL/Developer or its nominated agency as a part of the Project, the Purchaser shall be compulsorily required to become a member of the Club against payment of fees to be decided by LPL/Developer or its nominee or the FMC, as the case may be. 5.3.2. The proprietary right in respect of the Club shall remain vested in LPL/Developer or any person authorised by it. Further LPL/Developer or its nominee or the FMC shall have the right to operate and manage the Club and to levy and recover charges for the same and the Purchaser shall be compulsorily required to make payment of such charges. 5.3.3. The Purchaser hereby agrees to become a member of the Club by paying the one-time membership fees and to pay the monthly/periodical subscription and other charges relating thereto. The Purchaser further agrees to continue his membership of the Club till such time the Demised Land is transferred by him. 5.3.4. The type of members may comprise of life members, patron members, day members, ordinary members, youth members and short term members etc. the detailed definition of each of this will be provided at the time of framing of the rules and regulations of the Club on commencement of the Club operations. The management of the Club will decide the terms and conditions of each type of membership and also determine the admission fees and annual subscription. 5.3.5. In the event of a Demised Land not being owned by individuals but by a company or partnership firm or Hindu Undivided Family or other body, then one individual shall be nominated by it for membership of the Club. 5.3.6. It would be pertinent to mention that some of the facilities as committed in Schedule-D shall be set up as part of the complex comprising of this phase and all the other phases, the location whereof may be changed by the Promoter who will also have the right to modify the location of the amenities and facilities at the Complex and within the said Club. The Promoter will have the right to hand over the club to the Apex Association at the completion of the Project or the Complex. The facilities of the Club would be such as be decided by Promoter the tentative description whereof is as given in the brochure and the location of the Club may be varied by the Promoter if required at the time of implementation but the facilities committed will not be curtailed. The Allottees shall automatically be entitled to become member of the Club, and the Club will be run professionally and all members will be required to abide by the rules and regulations which will be framed by Promoter. The club will be operational before the completion of the last phase of the Complex, but possession of Building Blocks will be given in phases. The membership and the right to use the club facilities shall always be subject to payment of charges and observance of regulations. It is clarified that certain facilities, areas and installations in the Club shall be made available free of cost while others will be on a pay and by use basis. 9.1 If any Allottee becomes . The rights and obligations of the Purchaser as a member of the Club and the detailed terms and conditions of membership and rules and regulations governing use of the Club facilities will be formulated by LPL/Developer or its nominee or the FMC in due course and circulated to all members before the Club is made operational. The Purchaser agrees, undertakes and covenants to abide by the Club rules and to regularly make payment of all periodic subscriptions and other expenses relating thereto. 5.3.7. It is hereby agreed by the Purchaser that membership of the Club shall entitle the Purchaser and his/her spouse and dependent children (below the age of 18 years) only to use the Club in accordance with the Club rules and shall not confer any right, title or interest in the event ownership of the Club facilities. No right or lien of any Allottee leases or rents out his/her/its Apartment Unit, it nature whatsoever will be mandatory created or deemed to be created in favour of such Allottee to notify members, in respect of the assets of the Club. 5.3.8. On a transfer of the Demised Land by the Purchaser, the Club Manager /Maintenance-in-Charge of membership shall also stand transferred to such leasing/rentingtransferee and no compensation or amount shall be refundable, transferable or adjustable. The Allottee will thereafter be barred from using the Club/Common facilities till such time Purchaser hereby acknowledges and agrees that he/she/it is back in possession of the Apartment and its lessee/tenant will she shall not be entitled to utilize separately transfer the Club / common facilities as per rulesmembership. Upon transfer of the Demised Land, such transferee shall be obliged to become a member of the Club and to continue his membership of the Club by making periodic subscription and other expenses. The Allottee Purchaser covenants and undertakes not to transfer the lesseeDemised Land without first ensuring payment of the Club membership charges of the Club. Where, however, the purchaser wishes to retain such membership, he/tenant both cannot be she shall have to ensure that the transferee plot owner becomes a member upon payment of such membership fees and charges as applicable on the date of such transfer. All transfers without the transferee owner becoming a member of the club simultaneouslyby transfer or otherwise shall be deemed to be void. 5.3.9. Without prejudice to the rights available under this Deed, in the event that any amount payable to LPL/Developer or its nominee or the FMC is not paid within two (2) months from the date of the notice, LPL/Developer or its nominee or the FMC, as the case may be, shall also be entitled to take such further steps as it may reasonably determine for recovery of the said amounts. 5.3.10. The Purchaser acknowledges that LPL/Developer or its nominee or the FMC shall be entitled to, at its absolute discretion, offer membership of the Club (without any voting rights whatsoever) to the public, however, such offer may be made by invitation only.

Appears in 1 contract

Samples: Deed of Conveyance

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