Common use of COMMON AREAS AND FACILITIES Clause in Contracts

COMMON AREAS AND FACILITIES. A. The Common Areas and common facilities of the Project shall be handed over to the Association upon formation of such association by the allottees of the Project (the ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Promoter" shall at an appropriate time within a maximum period of 1 year from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities of the Project), the “Promoter" shall run, operate, manage and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas and common facilities of the Project, including that of the RAC shall during the Interim Maintenance Period, be framed by the “Promoter". After the Common Areas and facilities of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the “Promoter", with or without amendments, as may be deemed necessary by the Association. These Rules & the Bye Laws will be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: Failure to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee liable to pay interest at 2% per month on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment to the Promoter.

Appears in 2 contracts

Sources: Agreement for Sale, Sale Agreement

COMMON AREAS AND FACILITIES. A. The Common Areas and common facilities of the Project shall be handed over to the Association upon formation of such association by the allottees of the Project (the "ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Promoter" Promoter shall at an appropriate time within a maximum period of 1 year years from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 Act,1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (( i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities of the Project), the “Promoter" Promoter shall run, operate, manage and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas and common facilities of the Project, including that of the RAC shall during the Interim Maintenance Period, be framed by the Promoter". After the Common Areas and facilities of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter", with or without amendments, as may be deemed necessary by the Association. These Rules & the Bye Laws will be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: Failure MAINTENANCE SECURITY DEPOSIT: The Allottee, on or before possession, shall deposit an amount equivalent to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation 1 year's maintenance charges (the "MAINTENANCE SECURITY DEPOSIT") which amount will be a part of the respective common services Total Price of the Apartment as mentioned in Annexure- "III" hereto. The Promoter reserves the right to utilize this deposit to adjust any recoverable dues from the Allottee. The deposit after adjustment/ recovery of dues will be transferred/ handed over by the Promoter (without interest) to the Allottee Association at the time of handing over the maintenance and will make management of the Allottee liable Project. The annual subscription for 1 (one) year shall be payable to pay interest the Promoter or its nominee, at 2% per month on the outstanding dues time of possession and is mentioned in the Total Price. Surplus or deficit, if any, arising out of the operation of the maintenance of the Project for the period of the delay, calculated from the due date till the date of actual payment these 1 (one) years shall be to the account of the Promoter. In case however, the Association of the allottees/owners of the Project is formed within the period of 1 (one) years, then, and, in that event, the balance amount (proportionate to the period less than 12 months), if any, after reconciling the accounts would be handed over to the Association.

Appears in 1 contract

Sources: Sale Agreement

COMMON AREAS AND FACILITIES. A. (a) The use and occupation of the Premises by the Tenant shall include the non-exclusive licence to use, in common with others entitled thereto, the Common Areas and Facilities, subject to the provisions of this Lease and to the exclusive control, management and direction of the Landlord. The Landlord hereby grants to the Tenant a nonexclusive licence, during the Term, in common with all others entitled thereto, to pass and ▇▇▇▇▇▇ with or without vehicles over those areas of the Land as the Landlord may from time to time designate in writing and to use, for the parking of motor vehicles, those parking spaces on the Land as the Landlord may from time to time designate in writing for the use of the Tenant. Notwithstanding the foregoing grant of licence by the Landlord to the Tenant, the Landlord shall have the right to alter the location and size of the areas which are the subject of the said licence, provided that reasonable access to the Premises is provided to the Tenant. (b) The Common Areas and common facilities Facilities will at all times be subject to the exclusive control and management of the Project shall Landlord and will be handed over provided or designated by the Landlord from time to time for the general use by or for the benefit of the Tenant and its employees, invitees and licensees in common with the other tenants of the Landlord and such others as may be designated by the Landlord. The Landlord has the right acting reasonably from time to time to establish, modify and enforce rules and regulations with respect to the Association upon formation of such association by the allottees of the Project (the ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Promoter" shall at an appropriate time within a maximum period of 1 year from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities including those related to their use, maintenance and operation and the rules and regulations in all respects will be observed and performed by the Tenant and the employees, invitees and licensees of the Project)Tenant. The Landlord has the right to change the area, the “Promoter" shall runlevel, operate, manage location and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance arrangement of the Common Areas and common facilities of Facilities and to enter into, modify and terminate easements and agreements pertaining to the Projectuse and maintenance thereof, including that of the RAC shall during the Interim Maintenance Period, be framed by the “Promoter". After and to police the Common Areas and facilities Facilities and to close all or any portion thereof to such extent as may in the reasonable opinion of the Project are handed over Landlord be legally sufficient to prevent a dedication thereof or the accrual or creation of rights to any person or the public therein, and to do and perform such other acts and things in and to the AssociationCommon Areas and Facilities as the Landlord, acting reasonably, considers advisable. (c) The Tenant covenants that it will and will cause its employees, licensees and invitees to observe all regulations made by the Landlord from time to time with respect to parking on those portions of the Land provided for that purpose and that the Tenant shall supply automobile licence numbers of its employees to the Landlord upon request. In particular, the Association may adopt Landlord reserves the Rules right to remove any automobile infringing regulations made by the Landlord with respect to parking from time to time, such removal to be at the risk and expense of the Tenant. (d) Notwithstanding anything contained herein to the contrary, in the event that the landlord elects to construct new buildings or builds additional storage on the Lands then the Landlord shall not unreasonably interfere with the Tenant's use and enjoyment of the Premises. It is understood and agreed that notwithstanding anything herein to the contrary, the Landlord shall have the right at all times and from time to time, throughout the Term to: (i) change the area, size or arrangement of the Building and the Bye laws framed Land and any part thereof including the Common Areas and Facilities: (ii) construct other buildings, structures or improvements on the Land and make alterations thereof, additions thereto, or re-arrangements thereof, demolish parts thereof, build additional storeys on the Building (and for such purposes to construct and erect columns and support facilities in the Building), and construct additional buildings or facilities adjoining or proximate to the Building. (iii) relocate or rearrange or make changes or additions to the Common Areas and Facilities from those existing at the Commencement Date in order to facilitate expansion or alteration of the Building: (iv) add additional lands to the Land: and (v) temporarily obstruct or close off the Common Areas and Facilities or any parts therefor for the purposes of maintenance, repair or construction: provided however that the Landlord shall not unreasonably interfere with the use and enjoyment of the Premises beyond the extent necessarily incidental to such changes, additions and installations, and shall make good any physical damage to the Premises arising in the course of such changes, additions and installations. The Landlord agrees to use its reasonable efforts to complete all construction, alterations, maintenance and repairs as expeditiously as possible under the circumstances. Notwithstanding anything herein contained to the contrary, the Landlord shall make reasonable efforts not to unduly disrupt the Tenant in its business operations including providing to the Tenant reasonable notice of the proposed Landlord work. (e) The Tenant shall not have any right to object to nor any right to any claim of damages, compensation or other sums whatsoever, nor any right of set- off or reduction of the Rent as a result of or on account of any exercise of the Landlord's rights under Article 8 of this Lease. It is further understood and agreed that the exercise by the “Promoter", with or without amendments, as may Landlord of its rights set forth in Article 8 of this Lease shall not be deemed necessary by the Association. These Rules & the Bye Laws will to be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: Failure to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation constructive or actual eviction of the respective common services to the Allottee and will make the Allottee liable to pay interest at 2% per month on the outstanding dues for the period tenant, nor a breach of the delay, calculated from the due date till the date any covenant of actual payment to the Promoterquiet enjoyment or other covenant contained in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Vidatron Entertainment Group Inc)

COMMON AREAS AND FACILITIES. A. The Common Areas and common facilities of the Project shall be handed over to the Association upon formation of such association by the allottees of the Project (the "ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Promoter" Promoter shall at an appropriate time within a maximum period of 1 year years from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 Act,1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter▇▇▇▇▇▇▇▇, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (( i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities of the Project), the “Promoter" Promoter shall run, operate, manage and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas and common facilities of the Project, including that of the RAC shall during the Interim Maintenance Period, be framed by the Promoter". After the Common Areas and facilities of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter", with or without amendments, as may be deemed necessary by the Association. These Rules & the Bye Laws will be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: Failure MAINTENANCE SECURITY DEPOSIT: The Allottee, on or before possession, shall deposit an amount equivalent to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation 1 year's maintenance charges (the "MAINTENANCE SECURITY DEPOSIT") which amount will be a part of the respective common services Total Price of the Apartment as mentioned in Annexure- "III" hereto. The Promoter reserves the right to utilize this deposit to adjust any recoverable dues from the Allottee. The deposit after adjustment/ recovery of dues will be transferred/ handed over by the Promoter (without interest) to the Allottee Association at the time of handing over the maintenance and will make management of the Allottee liable Project. The annual subscription for 1 (one) year shall be payable to pay interest the Promoter or its nominee, at 2% per month on the outstanding dues time of possession and is mentioned in the Total Price. Surplus or deficit, if any, arising out of the operation of the maintenance of the Project for the period of the delay, calculated from the due date till the date of actual payment these 1 (one) years shall be to the account of the Promoter. In case however, the Association of the allottees/owners of the Project is formed within the period of 1 (one) years, then, and, in that event, the balance amount (proportionate to the period less than 12 months), if any, after reconciling the accounts would be handed over to the Association.

Appears in 1 contract

Sources: Sale Agreement

COMMON AREAS AND FACILITIES. A. The Purchaser(s) confirms/confirm and acknowledges/acknowledge that the Purchaser(s) has/have been apprised, made aware and agreed that:- 9.1 The Common Areas is hereto is as provided in the Fourth Schedule and common facilities Facilities appurtenant to the said Apartment/Flat is hereto is as provided in the Third Schedule for the use and enjoyment of the Project occupants of the Apartment/ Flats in the Project. All the rights, title, interest in the common areas will continue to vest with the Owner/Developer, until execution of conveyance / in favour of the Organization(s) in the manner as set out in this Agreement is completed and that the Purchaser(s) will not have any right, title, interest in respect of the same and shall only have permitted use thereof together with the other occupants. The Purchaser(s) along with other occupants will comply with all the terms and conditions as shall be handed over to the Association upon formation of such association framed by the allottees of Owner/Developer and/or the Project Organization (the ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Promoter" shall at an appropriate time within a maximum period of 1 year from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, defined below) for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities of the Project), the “Promoter" shall run, operate, manage and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance of such common areas, amenities and infrastructural facilities including the payment of the contribution for the upkeep and maintenance of such common areas, amenities and infrastructural facilities. 9.2 The Purchaser(s) will accept the Common Areas and common Facilities as may be provided by the Owner/Developer in the Project and/or the Building/s and will not hold the Owner/Developer responsible or liable in any manner whatsoever with regard to any changes and/or variations thereof. The Purchaser(s) hereby expressly consents/consent to such changes from time to time. 9.3 The Owner/Developer shall be constructing a club-house in the Layout Project consisting of facilities such as gymnasium, games room / games area, multipurpose hall etc. as may be permissible under the Relevant Laws and subject to planning constraints (hereinafter referred to as the “Club House”) and the facilities of the Project, including that Club House shall be made available for all the purchasers after completion of the RAC said Layout Project. The Club House will be managed by the Owner/Developer and/or its nominee/s and/or contractor/ Facility Management Company and all costs, charges and expenses of maintenance, repairs, reconstruction, renovation, payment of outgoings shall during be borne and paid by the Interim Maintenance Periodmembers of the Club House proportionately, whether or not any such member utilizes and enjoys the benefits of the Club House. The Purchaser(s) shall abide by such rules and regulations as may from time to time be framed by the “Promoter". After Owner/Developer for the Common Areas use and facilities management of the Project are handed over to the Association, the Association may adopt the Rules Club House (including proportionate running and the Bye laws framed maintenance charges). 9.4 It is agreed and acknowledged by the “Promoter", with or without amendments, Purchaser(s) that the Club House to be constructed on the said Layout Property shall be for the exclusive use of the residents/ purchasers in the buildings as may be deemed necessary by comprised in the Association. These Rules & Layout Project and the Bye Laws will same shall not be framed with such restrictions as may commercially exploited and the same shall be necessary only used for proper maintenance the approved purpose and shall always not be framed subject to the following restrictions: Failure to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee liable to pay interest at 2% per month on the outstanding dues misused / used for the period of the delay, calculated from the due date till the date of actual payment to the Promoterany other purpose.

Appears in 1 contract

Sources: Sale Agreement

COMMON AREAS AND FACILITIES. A. The Common Areas and common facilities of the Project shall be handed over to the Association upon formation of such association by the allottees of the Project (the ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Owner/Promoter" shall at an appropriate time within a maximum period of 1 year from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees Allottees in accordance with the West Bengal Apartment Ownership Act, 1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself/herself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities of the Project), the “Owner/Promoter" shall run, operate, manage and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas and common facilities of the Project, including that of the RAC shall during the Interim Maintenance Period, be framed by the “Owner/Promoter". After the Common Areas and facilities of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the “Owner/Promoter", with or without amendments, as may be deemed necessary by the Association. These Rules & and the Bye Laws will be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: DOCUMENTATION CHARGES: The Allottee will be required to pay to the Advocate of the “Owner/Promoter", the charges for documentation sum of Rs. 25,000/- (Rupees Twenty Five Thousand) Only on account of advocate fee. Failure to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee liable to pay interest at 2% per month on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment to the Owner/ Promoter.

Appears in 1 contract

Sources: Sale Agreement

COMMON AREAS AND FACILITIES. A. The Common Areas and common facilities of the Project shall be handed over to the Association upon formation of such association by the allottees of the Project (the ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Owner/Promoter" shall at an appropriate time within a maximum period of 1 year from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities of the Project), the “Owner/Promoter" shall run, operate, manage and maintain the Common Areas & Facilities. G. The Rules/ Rules/Bye Laws to regulate the use and maintenance of the Common Areas and common facilities of the Project, including that of the RAC shall during the Interim Maintenance Period, be framed by the “Owner/Promoter". After the Common Areas and facilities of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the “Owner/Promoter", with or without amendments, as may be deemed necessary by the Association. These Rules & the Bye Laws will be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: DOCUMENTATION CHARGES: The Allottee will be required to pay to the “Owner/Promoter", the charges for documentation. Failure to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee liable to pay interest at @ 2% per month on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment to the Owner/Promoter.

Appears in 1 contract

Sources: Sale Agreement

COMMON AREAS AND FACILITIES. A. (a) The use and occupation of the Premises by the Tenant shall include the non-exclusive licence to use, in common with others entitled thereto, the Common Areas and Facilities, subject to this Lease and to the exclusive control, management, and direction of the Landlord. The Landlord hereby grants to the Tenant a non-exclusive licence, during the subsisting Term and any renewal thereof, in common with all others entitled thereto, to pass and ▇▇▇▇▇▇ with or without vehicles over those areas of the Land as the Landlord may from time to time designate in writing, and to use, for the parking of motor vehicles (excluding tractors and/or trailers), those parking spaces on the Land as the Landlord may from time to time designate in writing for the use of the Tenant or in common with others entitled thereto; provided however that the easement and licence herein granted shall be subject to the charges, reservations, and exceptions set forth in Article 2 of this Lease. Notwithstanding the foregoing grant of easement and licence by the Landlord to the Tenant, the Landlord shall have the right to alter the location and size of the parking spaces and the areas which are the subject of the said licence, provided that reasonable access to the Premises and use of parking spaces is provided to the Tenant. (b) The Common Areas and common facilities Facilities shall at all times be subject to the exclusive control and management of the Project Landlord and shall be handed over provided or designated by the Landlord from time to time for the general use by or for the benefit of the Tenant and its employees, invitees, and licensees in common with the other tenants of the Landlord and such others as may be designated by the Landlord. The Landlord has the right from time to time to establish, modify, and enforce rules and regulations with respect to the Association upon formation of such association by the allottees of the Project (the ASSOCIATION"). B. The Allottees of the Project shall join the Association of the Project as members. C. The Allottees are required to complete the formalities of becoming members of Association and also to comply with the Rules and Bye-laws of the Association. D. The “Promoter" shall at an appropriate time within a maximum period of 1 year from the Date of Completion Certificate or Partial Completion Certificate, as the case may be, shall notify the scheme of formation of the Association to the allottees in accordance with the West Bengal Apartment Ownership Act, 1972 so as to enable them to constitute/form such Association. E. The Allottee shall execute the necessary Declaration in Form-A, for submission of the Project to the provisions of the Apartment Ownership Act to enable the formation of the Association, either by himself, or through a Power of Attorney holder, when called upon to do so by Promoter, after receiving the Completion Certificate or Partial Completion Certificate, as the case may be. F. During the Interim Maintenance Period, (i.e. the period prior to formation of the Association of Allottes and handing over of maintenance of Common Areas and Facilities Facilities, including those related to their use, maintenance, and operation, and the rules and regulations in all respects shall be observed and performed by the Tenant and the employees, invitees, and licensees of the Project)Tenant. The Landlord has the right to change the area, the “Promoter" shall runlevel, operatelocation, manage and maintain the Common Areas & Facilities. G. The Rules/ Bye Laws to regulate the use and maintenance arrangement of the Common Areas and common facilities of Facilities and to enter into, modify, and terminate easements and agreements pertaining to the Projectuse and maintenance thereof, including that of the RAC shall during the Interim Maintenance Period, be framed by the “Promoter". After and to police the Common Areas and facilities Facilities and to close all or any portion thereof to such an extent as may in the reasonable opinion of the Project are handed over Landlord be legally sufficient to prevent the accrual or creation of rights to any person or the public therein, and to do and perform such other acts and things in and to the AssociationCommon Areas and Facilities as the Landlord, acting reasonably, considers advisable. (c) The Tenant covenants that it shall and shall cause its employees, licensees, and invitees to observe all regulations made by the Landlord from time to time with respect to parking on those portions of the Land provided for that purpose, and that the Tenant shall supply automobile licence numbers of its employees to the Landlord upon request. In particular, the Association may adopt Landlord reserves the Rules right to remove any automobile infringing regulations made by the Landlord with respect to parking from time to time, such removal to be at the risk and expense of the Tenant. (d) It is understood and agreed that notwithstanding anything herein to the contrary, the Landlord shall have the right at all times and from time to time throughout the Term and renewal or extension to: (i) change the area, size, or arrangement of the Building and the Bye laws framed Land and any part thereof including the Common Areas and Facilities but not directly affecting the Tenant; (ii) construct other buildings, structures, or improvements on the Land and make alterations thereof, additions thereto, or re-arrangements thereof, demolish parts thereof, build additional stories on the Building (and for such purposes to construct and erect columns and support facilities in the Building), and construct additional buildings or facilities adjoining or proximate to the Building; (iii) relocate or rearrange or make changes or additions to the Common Areas and Facilities from those existing at the Commencement Date in order to facilitate expansion or alteration of the Building; (iv) add additional lands to the Land; (v) grant new easements and rights of way in favour of other tenants or others; and (vi) temporarily obstruct or close off the Common Areas and Facilities or any parts therefor for the purposes of maintenance, repair, or construction; provided however that the Landlord shall not unreasonably interfere with the use and enjoyment of the Premises beyond the extent necessarily incidental to such changes, additions, and installations, and shall make good any physical damage to the Premises arising in the course of such changes, additions, and installations. The Landlord agrees to use its reasonable efforts to complete all construction, alterations, maintenance, and repairs as expeditiously as possible under the circumstances. (e) The Tenant shall not have any right to object to nor any right to any claim of damages, compensation, or other sums whatsoever, nor any right of set-off or reduction of the Rent as a result of or on account of any exercise of the Landlord's rights under subclauses 7.2(b) and 7.2(d). It is further understood and agreed that the exercise by the “Promoter", with or without amendments, as may Landlord of its rights set forth in subclauses 7.2(b) and 7.2(d) shall not be deemed necessary by the Association. These Rules & the Bye Laws will to be framed with such restrictions as may be necessary for proper maintenance and shall always be framed subject to the following restrictions: Failure to pay Maintenance Charges, Electricity Charges, DG usage Charges, within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation constructive or actual eviction of the respective common services to the Allottee and will make the Allottee liable to pay interest at 2% per month on the outstanding dues for the period Tenant, nor a breach of the delay, calculated from the due date till the date any covenant of actual payment to the Promoterquiet enjoyment or other covenant contained in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Service Systems International LTD)