Construction of the Unit. (a) Specifications and plans: Seller agrees to construct the Unit in accordance with the layout depicted in the engineering and architectural plans, permits and licenses duly approved by the Costa Rican authorities involved in the real estate development process, drawings, designs and specifications provided by Seller to Purchaser (collectively the “Plans”), and home appliances installed at the Unit, as described in the Plans. At Closing, Seller shall deliver the Unit in accordance with the approved architectural Plans, as such may be slightly modified and amended from time to time pursuant to the terms hereof. Seller shall have the right to slightly change the dimensions of any portion of the Unit and/or the Condominium, so long as such changes do not materially alter the size of the Unit. In this context, “materially alter” refers to significant or substantial changes (including alterations that result in a reduction up to a maximum of five percent (5%) of the living space, modifications to the fundamental layout or structure), or changes that significantly impact the intended use or purpose of the Unit that have a noteworthy impact on the size, configuration, or essential characteristics of the Unit. This term implies modifications or adjustments that go beyond minor or insignificant alterations, potentially affecting the overall structure, layout, or functionality of the Unit. In that sense, if a change materially alters the Gross Square Footage of the Unit by more than five percent (5%), it will need to obtain Buyer´s prior approval to proceed. Gross Square Footage is defined as the condominium area measurement as calculated to the center line of shared walls and to the outer wall for common area walls and external walls, representing the area in which the Buyer is responsible for. Seller also reserves the right to modify the material specifications provided that the material actually used is of equal or better quality or better than the materials provided for in the original specifications. Any renderings and printed hand- out material of floor plans and elevations provided by the Seller are for illustrative purposes only in order to assist Buyers to visualize the design and type of Unit and the overall Project. These renderings are not warranted to be exact, to scale, or to be relied upon as a specific design or description of the Unit. Purchaser understands and acknowledges that the Unit is being sold on a pre-sale basis and the Seller does not hav...
Construction of the Unit. Vermont Yankee will proceed with due diligence with construction of the Unit, and will exercise its best efforts to complete and place it in commercial operation by July 1, 1971, on the presently estimated schedule thereof and within present cost estimates, and will keep the Purchaser reasonably informed as to the progress of construction, material modifications in cost estimates, and expected plant completion date.
Construction of the Unit. 4.1 The Seller hereby undertakes to procure that the unit is erected substantially in accordance with the unit layout plan and specifications, provided that the Seller shall be entitled to:
4.1.1 substitute items of a similar standard and quality for any specified item referred to in the specifications; and
4.1.2 vary the proposed site plan and/or residential ground-and first floor layout plan and/or basement- and open parking layout plan and/or draft sectional plan, should the Seller consider same reasonably necessary for technical or aesthetical reasons, including but not limited to the addition of balconies, re- positioning of windows to optimise view and the re-positioning of columns; and
4.1.3 vary the proposed site plan and/or draft sectional plan of the building and/or residential ground- and first floor layout plan and/or basement- and open parking layout plan in such manner as may be required by the local and/or any authorities; and
4.1.4 subject to the conditions contained in Clause 4.4 below, change the area and/or layout of the unit and/or the exclusive use areas, provided that the floor area of the relevant component shall not be more than 5% less than the approximate area of the relevant component specified in paragraphs 2.1 – 2.4 of the schedule, whichever may be applicable; and
4.1.5 determine the exact location of the unit and/or the exclusive use areas and/or basement parking and/or open parking bay, it being recorded that their position will be approximately as indicated on the draft sectional plan and/or basement- and open parking layout and/or residential ground- and first floor layout plan.
4.2 In the event of any dispute between the parties as to the nature of the variations referred to in Clause 4.1, this dispute shall be referred for determination to the principal agent (acting as an expert and not an arbitrator) whose decision shall be final and binding on the parties.
4.3 Neither the Purchaser nor any person or firm employed by the Purchaser shall carry out any work on or to the Property prior to the Transfer Date. Any work subsequent thereto shall not be carried out without the prior written consent of the trustees of the Body Corporate and VDVHOA.
4.4 The Purchaser shall have no right of access to the development or buildings thereon while under construction and shall only be entitled to access on possession and occupation of the unit. The Purchaser shall, however, have the right of inspection of the building work carried out b...
Construction of the Unit. 17.1 The Seller undertakes to build the unit upon the property in compliance with national building regulations, other relevant statutory requirements relating to building works and substantially in accordance with the under mentioned annexures, subject to the remaining provisions of this clause 17;
17.1.1 Site layout and development plan contained in Annexure 1;
17.1.2 Unit layout plan contained in Annexure 2; and
17.1.3 Schedule of finishes and specifications contained in annexure 3.
17.2 The Seller shall commence the erection of the unit within a reasonable time of the plan having been finally approved by the local authority, and provided the Purchaser has complied with its obligations in terms of clause 2. The Seller undertakes to submit building plans for approval to the local authority as soon as reasonably possible. The Seller shall diligently proceed with the construction of the unit as per the official building program, and endeavor to complete the unit within a reasonable time thereafter.
17.3 The Seller shall be entitled to substitute items with a similar standard for any specified item referred to in the schedule of finishes.
17.4 The Seller shall be entitled to vary the plans of the unit for any reason considered reasonably necessary by the Seller, but so that the Purchaser’s rights will not be materially prejudiced or affected thereby.
17.5 Any building materials used will be of a standard quality and type freely available locally; nomination by product and/or colour is merely for identification purposes and the Seller may, at his/her own choice and discretion, use other products, types of manufacturers or colours provided that if alternative materials are used, they shall be of at least a similar quality. The Seller shall endeavour, but shall not be obliged, to advise the Purchaser should any alternative materials be used.
17.6 The unit shall be regarded as complete upon the date that the unit is sufficiently completed for beneficial occupation as certified by the architect whose decision as to that date shall be final and binding upon the parties.
17.7 The Seller shall :
17.7.1 Within 60 (sixty) days, remedy any patent defects in the unit which manifest themselves within 14 (fourteen) days after the completion date, provided that the Purchaser notifies the Seller in writing within the said period of 7 (seven) days of any such defects, failing which the Purchaser shall be deemed to have accepted the unit in the condition in which same were a...
Construction of the Unit. Maine Yankee will proceed with due diligence with construction of the Unit, and will exercise its best efforts to complete and place it in commercial operation by May 1, 1972 within present cost estimates, and will keep the Purchaser reasonably informed as to the progress of construction, material modifications in cost estimates, and the expected plant completion date.
Construction of the Unit the Aarohan Commercial Tower/the Project.
(a) The Vendee understands and agrees that the construction of the Unit is likely to be completed by 30th June 2023 unless extended by the Authority in accordance with the Act and Rules made there under subject to the receipt of requisite other approvals & permissions from the concerned authorities, Force Majeure Conditions (defined in clause J) and subject to fulfillment of the terms and conditions of this Agreement including but not limited to timely payments by the Vendee, in terms hereof. The Vendor/Developer shall be entitled to extension of time for completion of construction of the Unit equivalent to the period of delay caused on account of the reasons stated herein. No claim by way of interest/damages/ compensation shall lie against the Vendor/Developer in case of delay in handing over possession of the Unit on account of the aforesaid reasons. The Vendee agrees and confirms that, in the event it becomes impossible for the Company to implement the Aarohan Commercial Tower /Project due to Force Majeure conditions, then this allotment shall stand terminated and the Company shall refund to the Vendee the entire amount received by the Company from the Vendee within 90 days from that date. After refund of the money paid by the Vendee, Vendee agrees that he/ she shall not have any rights, claims etc. against the Vendor and that the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement.
Construction of the Unit. The seller shall be entitled to vary the plans and/or specifications and choice of finishes for the unit and/or the buildings (as referred to Annexures 2 – 6 annexed hereto) to such an extent as may, in the architect’s opinion, be reasonably necessary to:
26.1 meet any requirements of any competent authority;
26.2 be necessary to provide for special features of the property;
26.3 provide for any special impediments such as water, sewerage or power supply to the property;
26.4 give effect, without detracting from the quality of the unit or the scheme, to any changes in materials, finishes or fittings which the Architect considers appropriate or where such materials, finishes or fittings may not be readily available;
26.5 obtain the approval of the sectional title development and to open the sectional title register including, provided the extent of the unit shall not vary by more than 5%;
26.6 vary the number/s allocated to the units and/or the gardens/storerooms/parking bays on the plans;
26.7 alter the name of the scheme.
Construction of the Unit. (a) Provided that City has not terminated this Agreement in accordance with Section 4(b), Seller shall at all times prosecute the construction of the Unit with all due diligence substantially in accordance with the Plans and Specifications and otherwise in accordance with this Agreement. Seller shall use commercially reasonable efforts to substantially complete such construction within 12 months after commencement of construction (the “Anticipated Substantial Completion Date”). The Anticipated Substantial Completion Date is an estimate and is not guaranteed by Seller. For purposes of this Section, “commencement of construction” shall mean the commencement of the framing of the Unit and Seller shall promptly provide written notice thereof to City. Promptly following substantial completion of the Unit, Seller will deliver written notice thereof to City (the “Completion Notice”). If Seller has not delivered a Completion Notice within 22 months after commencement of construction, subject to delays resulting from Force Majeure, then Seller shall not be in default of this Agreement, but thereafter City may elect to terminate this Agreement by delivering written notice of such termination to Seller prior to receipt of the Completion Notice, and the Deposit shall immediately be refunded to City and the parties will be released from all obligations under this Agreement with the exception of those that expressly survive termination. City acknowledges that as of Closing, and for a reasonable period of time thereafter, subsequent construction of portions of the Project may not be completed. The incompletion of any such areas and the ongoing construction related thereto or other construction at or around the Project shall not delay Closing.
(b) With prior written notice to City, and so long as any substitutions and modifications are equivalent or superior to what is specified in the Plans and Specifications, Seller may substitute materials and make other modifications to the Plans and Specifications for the purposes of: (a) resolving unworkable design or construction situations; (b) accommodating unknown or unforeseen site conditions, (c) making substitutions for materials so long as the replacement materials are equivalent or superior to the materials originally specified in the Plans and Specifications; and (d) making substitutions for materials in the event of a discontinuation of such materials by their manufacturer or supplier, or in the event such materials are u...
Construction of the Unit. Save as otherwise contemplated herein, the Seller undertakes to construct the Unit and Exclusive Use Areas substantially in accordance with the Site Plan (Annexure "2"), the Floor Plan (Annexure "3"), the Specifications (Annexure "4") and the Interior Package and Optional Extras (Annexure "5"), to the extent applicable. The Purchaser acknowledges that the Site Plan, Floor Plan, Specifications, Interior Package and Optional Extras are subject to such change as may be required in terms of any applicable legislation, in accordance with the requirements of the relevant local authority or pursuant to a change in architectural design. In the event of any dispute arising between the Seller and Purchaser as to whether the Unit and Exclusive Use Areas have been constructed substantially in accordance with the floor plans, Site Plan and Specifications, the Seller's architects will decide as to the reasonableness or not, acting as an expert and not as an arbitrator and his decision shall be final and binding on the Parties, save in the case of manifest error.
Construction of the Unit. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Unit and accepted the floor plan, payment plan and the specifications, amenities and facilities, annexed to this Agreement, which has been approved by the competent authority, as represented by the Developer. The Developer shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Developer undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Developer shall constitute a material breach of the Agreement.
5.2 It is agreed that the Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein in the Tenth Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the Unit, without the previous written consent of the Allottee as per the provisions of the Act. Provided that, the Developer may make such minor additions or alterations to the layout of the unit and/or the specifications or the nature of fixtures, fittings and amenities described herein in the Tenth Schedule: (a) as may be expedient (subject to the threshold provided in Clause 5.4 below), or (b) as per the provisions of the Act, or (c) as may be required by competent authorities, or (d) as may be required due to change in law, or (e) as may be required due to non-availability of specified materials, or (f) as may be required due to engineering exigencies and/or to improve or protect the quality of the Project.
5.3 Subject to Applicable Laws, during the construction of the said Unit, if the Allottee desires to have any additional modification or changes in the specifications of the said Unit, the Allottee shall communicate the same to the Developer in writing, and if the Developer agrees to such modifications or changes it shall then estimate the tentative cost (hereinafter referred to as “Additional Cost”) to be incurred for such mod...
