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Common use of Club Clause in Contracts

Club. (a) The Promoter shall, subject to grant of necessary Approvals, and as part of the Project, construct a club having diverse facilities, which may include facilities for inter alia recreation, indoor and / or outdoor sports and games, health and fitness activities, leisure activities, hospitality (including providing accommodation, food and / or beverages), etc. (hereinafter referred to as the “Club”). The land and areas within the Project which are intended to be used for setting up the Club and its facilities as well as the land and areas appurtenant thereto and/or earmarked therefor (“Club Land”) and the Club shall be owned by the Promoter and / or a person or persons nominated by the Promoter, (hereinafter referred to as the “Club Owner”), with all rights and authority to name, run, operate, develop and / or make improvements to, the Club, and to transfer the Club and the Club Land to any other person. A person to whom the Club and the Club Land are transferred shall be considered the successor-in-interest of the Club Owner, and shall exercise all rights of the Club Owner and undertake all obligations of the Club Owner. Save and except a right to membership(as set out herein below), on payment of membership fees as per the rules of the club, the Allottees shall have not have any right, title or interest in the Club or the Club Land, and the Club or the Club Land shall not form part of the Common Areas, notwithstanding anything to the contrary contained elsewhere in this Agreement. The Club Owner shall have the right, in its sole discretion, to frame and / or establish the rules, regulations, bye-laws and/or Memorandum and Articles relating to the Club, which shall govern inter alia the management, running, operation, membership (including admission, suspension and / or termination thereof) and use of the Club, and shall be binding on all members thereof (“Club Rules”). (b) A non refundable Membership Fee/Charge of Rs. ………………/-- shall be payable for becoming a member of the Club. All Allottees shall become members of the Club upon payment of the Membership Fee/Charge. The non-refundable Membership Fee/Charge collected from the members of the Club shall belong to and be used in any manner by the Club Owner and the Club Owner shall not be required to account for the same at any time or under any circumstance. The rights and obligations of the Allottees (and all subsequent buyer(s) of the Bungalow Units) as members of the Club shall be governed by and subject to, the Club Rules. There shall be one membership of the Club in respect of each Bungalow. Accordingly, in the event of any Bungalow having more than one owner, the co-owners thereof shall nominate from amongst themselves one person for such membership. In the event of a Bungalow 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 theClub. (c) In case of transfer of a Bungalow Unit by an Allottee, his /her membership of the Club shall automatically stand terminated and neither any part of the Membership Fee/ Charge nor any compensation or amount shall be refundable, transferable or adjustable or payable. Upon transfer of a Bungalow Unit, membership of the Club shall automatically stand terminated and the buyer of the Bungalow Unit can become a member of the Club as per rules and regulations governing the Membership and club owner may decide in its sole discretion. (d) The Club Owner may admit persons other than the Allottees (and / or subsequent buyers of the Bungalow Units) as members of the Club on such terms and conditions and upon payment of such Admission Fee/subscription and/or other charges as the Club Owner may decide in its sole discretion. (e) All members of the Club including the Allottee (and / or subsequent buyers of the said Bungalow Unit) shall pay a monthly/periodical subscription to the Club Owner which shall be fixed by the Club Owner from time to time. The Club Owner may also prescribe charges to be paid by the members and/or their guests for use of different Club facilities/activities. The Club Owner may also, in its sole discretion, provide for different categories of membership, with each category having different charges, rights and / or privileges with respect to the Club and its facilities. (f) Membership of the Club shall entitle the Allottees (and / or subsequent buyers of the Bungalow Units who becomes the member by opting for the membership as per the rules and regulations) only to use the Club in accordance with the Club Rules and shall not confer any right title or interest in the ownership, management or running of the Club and/or its facilities. (g) The ownership, control and management of the Club shall always remain with the Club Owner who shall be entitled to deal with and dispose of the same in any manner whatsoever. The Club shall be managed by the Club Owner either by itself or at its discretion through any managing committee/body consisting of such persons as may be appointed by the Club Owner. (h) An individual member of the Club along with 3 members of his family shall be entitled to use the Club in accordance with the Club Rules. Family of an individual member herein, will mean and consist of the member along with his/her spouse and two children. Provision may be made for taking in additional family members of the member of the Club as Associate Members, inter alia, upon payment of such Membership Fee /Charge that may be fixed from time to time by the Club Owner in respect of Associate Membership. The Associate Membership shall automatically terminate simultaneously with the termination of membership of the member at whose instance the Associate Membership(s) was/were accepted by the Club. (i) The Club Owner shall not be required to make any contribution, subscription or payment towards the Maintenance Charges under any circumstances whatsoever. The Club land is not the part of Residents association .

Appears in 1 contract

Samples: Agreement for Sale

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Club. (a) The Promoter Promoters shall, subject to grant of necessary Approvals, and as part of the Said Project, construct a club having diverse facilities, which may include facilities for inter alia recreation, indoor and / or outdoor sports and games, health and fitness activities, leisure activities, hospitality (including providing accommodation, food and / or beverages), etc. (hereinafter referred to as the “Club”). The land and areas within the Project which are intended to be used for setting up the Club and its facilities as well as the land and areas appurtenant thereto and/or earmarked therefor (“Club Land”) and the Club shall be owned by the Promoter Promoters and / or a person or persons nominated by the Promoter, Promoters (which could also include one or more of the Owners) (hereinafter referred to as the “Club Owner”), with all rights and authority to name, run, operate, develop and / or make improvements to, the Club, and to transfer the Club and the Club Land to any other person. A person to whom the Club and the Club Land are transferred shall be considered the successor-successor- in-interest of the Club Owner, and shall exercise all rights of the Club Owner and undertake all obligations of the Club Owner. Save and except a right to membership(as membership of the Club (as set out herein below), on payment of membership fees as per the rules of the club, the Allottees shall have not have any right, title or interest in the Club or the Club Land, and the Club or the Club Land shall not form part of the Common Areas, notwithstanding anything to the contrary contained elsewhere in this Agreement. The Club Owner shall have the right, in its sole discretion, to frame and / or establish the rules, regulations, bye-laws and/or Memorandum and Articles relating to the Club, which shall govern inter alia the management, running, operation, membership (including admission, suspension and / or termination thereof) and use of the Club, and shall be binding on all members thereof (“Club Rules”). (b) A non refundable Membership Admission Fee/Charge of Rs. ………………/-- shall be payable for becoming a member of the ClubClub and the same shall be fixed and revised by the Club Owner from time to time. All Allottees shall become members of the Club upon payment of the Membership Admission Fee/ChargeCharge prevailing at the relevant time. The non-refundable Membership Admission Fee/Charge collected from the members of the Club shall belong to and be used in any manner by the Club Owner and the Club Owner shall not be required to account for the same at any time or under any circumstance. The rights and obligations of the Allottees (and all subsequent buyer(s) of the Bungalow UnitsApartment) as members of the Club shall be governed by and subject to, the Club Rules. There shall be one membership of the Club in respect of each BungalowApartment. Accordingly, in the event of any Bungalow Apartment having more than one owner, the co-owners thereof shall nominate from amongst themselves one person for such membership. In the event of a Bungalow Apartment 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 theClubthe Club. (c) In case of transfer of a Bungalow Unit an Apartment by an Allottee, his /her membership of the Club shall automatically stand terminated and neither any part of the Membership Admission Fee/ Charge nor any compensation or amount shall be refundable, transferable or adjustable or payable. Upon transfer of a Bungalow UnitApartment, membership of the Club shall automatically stand terminated and the buyer of the Bungalow Unit can Apartment shall be obliged to become a member of the Club upon payment of such Admission Fee / Charge as per rules may be fixed by the Club Owner from time to time and regulations governing shall also be obliged to continue his / her membership of the Membership Club by making payment of periodic subscription and club owner may decide in its sole discretionother expenses. (d) The Club Owner may admit persons other than the Allottees (and / or subsequent buyers of the Bungalow UnitsApartment) as members of the Club on such terms and conditions and upon payment of such Admission Fee/subscription and/or other charges as the Club Owner may decide in its sole discretion. (e) All members of the Club including the Allottee (and / or subsequent buyers of the said Bungalow UnitSaid Apartment and Appurtenances) shall pay a monthly/periodical subscription to the Club Owner which shall be fixed by the Club Owner from time to time. The Club Owner may also prescribe charges to be paid by the members and/or their guests for use of different Club facilities/activities. The Club Owner may also, in its sole discretion, provide for different categories of membership, with which each category having different charges, rights and / or privileges with respect to the Club and its facilities. (f) Membership of the Club shall entitle the Allottees (and / or subsequent buyers of the Bungalow Units who becomes the member by opting for the membership as per the rules and regulationsApartment) only to use the Club in accordance with the Club Rules and shall not confer any right title or interest in the ownership, management or running of the Club and/or its facilities. (g) The ownership, control and management of the Club shall always remain with the Club Owner who shall be entitled to deal with and dispose of the same in any manner whatsoever. The Club shall be managed by the Club Owner either by itself or at its discretion through any managing committee/body consisting of such persons as may be appointed by the Club Owner. (h) An individual member of the Club along with 3 members his/her spouse and unmarried children upto the age of his family 24 (twenty four) years shall be entitled to use the Club in accordance with the Club Rules. Family of an individual member herein, will mean and consist of the member along with his/her spouse and two children. Provision may be made for taking in additional family members the adult and/or married children and/or co-owners of the member of the Club as Associate Members, inter alia, upon payment of such Membership Admission Fee /Charge that may be fixed from time to time by the Club Owner in respect of Associate Membership. The Associate Membership shall automatically terminate simultaneously with the termination of membership of the member at whose instance the Associate Membership(s) was/were accepted by the Club. (i) The Club Owner shall not be required maintained by the body / organization / society appointed by the Promoters to make any contribution, subscription or payment towards undertake management / maintenance of the Maintenance Charges under any circumstances whatsoever. The Club land is not the part of Residents association Project.

Appears in 1 contract

Samples: Sale Agreement

Club. (a) The Promoter Promoters shall, subject to grant of necessary Approvals, and as part of the Said Project, construct a club having diverse facilities, which may include facilities for inter alia recreation, indoor and / or outdoor sports and games, health and fitness activities, leisure activities, hospitality (including providing accommodation, food and / or beverages), etc. (hereinafter referred to as the “Club”). The land and areas within the Project which are intended to be used for setting up the Club and its facilities as well as the land and areas appurtenant thereto and/or earmarked therefor (“Club Land”) and the Club shall be owned by the Promoter Promoters and / or a person or persons nominated by the Promoter, Promoters (which could also include one or more of the Owners) (hereinafter referred to as the “Club Owner”), with all rights and authority to name, run, operate, develop and / or make improvements to, the Club, and to transfer the Club and the Club Land to any other person. A person to whom the Club and the Club Land are transferred shall be considered the successor-in-interest of the Club Owner, and shall exercise all rights of the Club Owner and undertake all obligations of the Club Owner. Save and except a right to membership(as membership of the Club (as set out herein below), on payment of membership fees as per the rules of the club, the Allottees shall have not have any right, title or interest in the Club or the Club Land, and the Club or the Club Land shall not form part of the Common Areas, notwithstanding anything to the contrary contained elsewhere in this Agreement. The Club Owner shall have the right, in its sole discretion, to frame and / or establish the rules, regulations, bye-laws and/or Memorandum and Articles relating to the Club, which shall govern inter alia the management, running, operation, membership (including admission, suspension and / or termination thereof) and use of the Club, and shall be binding on all members thereof (“Club Rules”). (b) A non refundable Membership Admission Fee/Charge of Rs. ………………/-- shall be payable for becoming a member of the ClubClub and the same shall be fixed and revised by the Club Owner from time to time. All Allottees shall become members of the Club upon payment of the Membership Admission Fee/ChargeCharge prevailing at the relevant time. The non-refundable Membership Admission Fee/Charge collected from the members of the Club shall belong to and be used in any manner by the Club Owner and the Club Owner shall not be required to account for the same at any time or under any circumstance. The rights and obligations of the Allottees (and all subsequent buyer(s) of the Bungalow UnitsApartment) as members of the Club shall be governed by and subject to, the Club Rules. There shall be one membership of the Club in respect of each BungalowApartment. Accordingly, in the event of any Bungalow Apartment having more than one owner, the co-owners thereof shall nominate from amongst themselves one person for such membership. In the event of a Bungalow Apartment 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 theClubthe Club. (c) In case of transfer of a Bungalow Unit an Apartment by an Allottee, his /her membership of the Club shall automatically stand terminated and neither any part of the Membership Admission Fee/ Charge nor any compensation or amount shall be refundable, transferable or adjustable or payable. Upon transfer of a Bungalow UnitApartment, membership of the Club shall automatically stand terminated and the buyer of the Bungalow Unit can Apartment shall be obliged to become a member of the Club upon payment of such Admission Fee / Charge as per rules may be fixed by the Club Owner from time to time and regulations governing shall also be obliged to continue his / her membership of the Membership Club by making payment of periodic subscription and club owner may decide in its sole discretionother expenses. (d) The Club Owner may admit persons other than the Allottees (and / or subsequent buyers of the Bungalow UnitsApartment) as members of the Club on such terms and conditions and upon payment of such Admission Fee/subscription and/or other charges as the Club Owner may decide in its sole discretion. (e) All members of the Club including the Allottee (and / or subsequent buyers of the said Bungalow UnitSaid Apartment and Appurtenances) shall pay a monthly/periodical subscription to the Club Owner which shall be fixed by the Club Owner from time to time. The Club Owner may also prescribe charges to be paid by the members and/or their guests for use of different Club facilities/activities. The Club Owner may also, in its sole discretion, provide for different categories of membership, with which each category having different charges, rights and / or privileges with respect to the Club and its facilities. (f) Membership of the Club shall entitle the Allottees (and / or subsequent buyers of the Bungalow Units who becomes the member by opting for the membership as per the rules and regulationsApartment) only to use the Club in accordance with the Club Rules and shall not confer any right title or interest in the ownership, management or running of the Club and/or its facilities. (g) The ownership, control and management of the Club shall always remain with the Club Owner who shall be entitled to deal with and dispose of the same in any manner whatsoever. The Club shall be managed by the Club Owner either by itself or at its discretion through any managing committee/body consisting of such persons as may be appointed by the Club Owner. (h) An individual member of the Club along with 3 members his/her spouse and unmarried children upto the age of his family 24 (twenty four) years shall be entitled to use the Club in accordance with the Club Rules. Family of an individual member herein, will mean and consist of the member along with his/her spouse and two children. Provision may be made for taking in additional family members the adult and/or married children and/or co-owners of the member of the Club as Associate Members, inter alia, upon payment of such Membership Admission Fee /Charge that may be fixed from time to time by the Club Owner in respect of Associate Membership. The Associate Membership shall automatically terminate simultaneously with the termination of membership of the member at whose instance the Associate Membership(s) was/were accepted by the Club. (i) The Club Owner shall not be required maintained by the body / organization / society appointed by the Promoters to make any contribution, subscription or payment towards undertake management / maintenance of the Maintenance Charges under any circumstances whatsoever. The Club land is not the part of Residents association Project.

Appears in 1 contract

Samples: Sale Agreement

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Club. (a) The Promoter Lessee shall, subject to grant of necessary Approvals, and as part of the Project, construct a club having diverse facilities, which may include facilities for inter alia recreation, indoor and / or outdoor sports and games, health and fitness activities, leisure activities, hospitality (including providing accommodation, food and / or beverages), etc. (hereinafter referred to as the “Club”)) on a portion of the said Land in future after handover of possession of the Units comprised in the Buildings to be constructed on the said Land. Notwithstanding anything to the contrary contained elsewhere in this Deed or otherwise, it is expressly agreed and declared that it shall not be necessary for the Club to be constructed and/or made operational before transferring and/or offering and handing over possession of individual Units to the Unit Sub-Lessees of the Project or any of its Phases provided however, the Lessee shall construct, complete and make operational the Club within a reasonable period of issue of Full Completion/ Occupancy Certificate for the entire Project. The Sub-Lessee agrees and accepts the above and undertakes and covenants not to raise any objection whatsoever regarding the same. Notwithstanding anything to the contrary contained elsewhere in this Deed or otherwise, it is expressly agreed and declared that the land and areas within the Project said Land which are intended to be used for setting up the Club and its facilities as well as the land and areas appurtenant thereto and/or earmarked therefor (“Club Land”) and the Club shall be owned by belong to the Promoter and / or a person or persons nominated by the Promoter, (hereinafter referred to as the “Club Owner”), Lessee with all rights and authority to name, run, operate, develop and / or make improvements to, the Club, and to transfer the Club and the Club Land to any other person. A person to whom the Club and the Club Land are transferred shall be considered the successor-in-interest of the Club Owner, and shall exercise all rights of the Club Owner and undertake all obligations of the Club Owner. Save and except a right to membership(as membership of the Club (as set out herein below), on payment of membership fees as per the rules of the club, the Allottees Unit Sub-Lessees shall have not have any right, title or interest in the Club or the Club Land, and the Club or the Club Land shall not form part of the Common Areas, notwithstanding anything to the contrary contained elsewhere in this AgreementDeed. The Sub-Lessee accepts and confirms that though the Club Owner Land is situated within the said Land, no right in the Club Land is intended to be or shall be transferred in favour of the Sub-Lessee and/or any other Unit Sub-Lessee of the Project The Lessee shall have the right, in its sole discretion, to frame and / or establish the rules, regulations, bye-laws and/or Memorandum and Articles relating to the Club, which shall govern inter alia the management, running, operation, membership (including admission, suspension and / or termination thereof) and use of the Club, and shall be binding on all members thereof (“Club Rules”). (b) A non refundable Membership Feemembership fee/Charge of Rs. ………………/-- charge to be determined by the Lessee from time to time shall be payable and/or has been paid by the Sub-Lessee for becoming a member of the Club. All Allottees Unit Sub-Lessees shall become members of the Club upon payment of the Membership Fee/Charge. The non-refundable Membership Fee/Charge collected from the members of the Club shall belong to and be used in any manner by the Club Owner Lessee and the Club Owner Lessee shall not be required to account for the same at any time or under any circumstance. The rights and obligations of the Allottees Unit Sub-Lessees (and all subsequent buyer(s) sub-lessees/occupiers of the Bungalow Units) as members of the Club shall be governed by and subject to, the Club Rules. There shall be one membership of the Club in respect of each BungalowUnit. Accordingly, in the event of any Bungalow Unit having more than one ownersub-lessee, the co-owners co- sub lessees thereof shall nominate from amongst themselves one person for such membership. In the event of a Bungalow an Unit not being owned taken on sub-lease 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 theClubthe Club. (c) In case of transfer surrender of a Bungalow an existing sub-lease of an Unit by an AllotteeUnit Sub-Lessee, his /her his/her membership of the Club shall automatically stand terminated and neither any part of the Membership Fee/ Charge nor any compensation or amount shall be refundable, transferable or adjustable or payable. Upon transfer subsequent sub-lease of a Bungalow an Unit, membership of the Club shall automatically stand terminated and the buyer transferred in favour of the Bungalow new sub-lessee of the Unit can who shall be obliged to make payment of the non refundable membership fee/charge to be determined by the Lessee from time to time and become a member of the Club as per rules and regulations governing shall also be obliged to continue his / her membership of the Membership Club by making payment of periodic subscription and club owner may decide in its sole discretionother expenses. (d) The Club Owner Lessee may admit persons other than the Allottees Unit Sub-Lessees (and / or subsequent buyers sub-lessees/occupiers of the Bungalow Units) as members of the Club on such terms and conditions and upon payment of such Admission Fee/subscription and/or other charges as the Club Owner Lessee may decide in its sole discretiondiscretion and some honorary members may also be admitted by the Lessee. Such members of the Club who do not have any Unit in any part of the Project shall be entitled to use and have access to the Club through the Common Areas of the Project with full right of ingress and egress. (e) All members of the Club including the Allottee Sub-Lessee (and / or subsequent buyers sub- lessees/occupiers of the said Bungalow Apartment Unit) shall pay a monthly/periodical subscription to the Club Owner Lessee which shall be fixed by the Club Owner Lessee from time to time. The Club Owner Lessee may also prescribe charges to be paid by the members and/or their guests for use of different Club facilities/activities. The Club Owner Lessee may also, in its sole discretion, provide for different categories of membership, with each category having different charges, rights and / or privileges with respect to the Club and its facilities. (f) Membership of the Club shall entitle the Allottees Unit Sub-Lessees (and / or subsequent buyers sub-lessees/occupiers of the Bungalow Units who becomes the member by opting for the membership as per the rules and regulationsUnits) only to use the Club in accordance with the Club Rules and shall not confer any right right, title or interest in the ownership, management or running of the Club and/or its facilities. (g) The ownershipcontrol, control management and management maintenance of the Club shall always remain with the Club Owner Lessee who shall be entitled to deal with and dispose of the same in any manner whatsoever. The Club shall be managed managed, controlled and maintained by the Club Owner Lessee either by itself or at its discretion through any managing committee/body consisting of such persons as may be appointed by the Lessee and/or by any person or entity nominated by the Lessee to run and operate the Club Ownerfor such consideration (which shall belong to the Lessee) and on such terms and conditions as may be decided by the Lessee and in such an event such person or entity shall exercise the rights of the Lessee in respect of the Club as are mentioned in this Deed. (h) An individual member The leasehold rights in respect of the Club along with 3 members of his family Land and the Club shall belong to the Lessee who shall be entitled to use the Club in accordance deal with the Club Rules. Family of an individual member herein, will mean and consist dispose of the member along with his/her spouse and two children. Provision may be made for taking same in additional family members of the member of the Club as Associate Members, inter alia, upon payment of such Membership Fee /Charge that may be fixed from time to time by the Club Owner any manner whatsoever including granting sub-lease in respect of Associate Membership. The Associate Membership shall automatically terminate simultaneously with the termination of membership of same to the member at whose instance the Associate Membership(s) wasperson/were accepted entity nominated by it for running and operating the Club. (i) The Club Owner Lessee shall not be required to make any contribution, subscription or payment towards the Maintenance Charges under any circumstances whatsoever. Expenses and Charges relating to the Club and/or the land occupied by it, including the Club Land and other taxes and levies, shall be payable by the Unit Sub-Lessees/ members of the Club. (j) The Sub-Lessee understands and is aware that setting up of the Club and its facilities does not have any connection with taking transfer and/or possession of the said Apartment by the Sub-Lessee in terms of this Deed and the Club may be made, constructed and operationalised subsequently. The Club land and its facilities shall be constructed, installed and/or made operational in phases at any time prior to completion of the last phase of the Project and till such time the Club is made fully operational the Lessee shall operationalise the facilities in the Club progressively and the Sub-Lessee understands that the facilities in the Club are not fully complete and are not fully operationalised by the part Date of Residents association Possession. Only upon the Club being constructed, made ready and operational in phases, the Sub-Lessee shall become entitled to use the Club and its facilities in phases.

Appears in 1 contract

Samples: Sub Lease Deed

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