Common use of CONVEYANCE AND POSSESSION OF SAID UNIT Clause in Contracts

CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 Schedule for possession of the said Unit – The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee(s) and the Common Areas and Facilities of Said Project to the Maintenance Association, is the essence of the Agreement. The Promoter assures to handover possession of the said Unit along with ready and complete Common Areas and Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project (“Force Majeure”). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Said Unit and the Promoter shall not be liable to pay any penalty/interest/compensation during such Force Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the said Project due to Force Majeure conditions, which shall be assessed by the Promoter, the Promoter shall inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotment, the Promoter shall refund to the Allottee(s) the entire amount received by the Promoter from the Allottee(s) with Interest (computed at the Interest Rate of 15% p.a.) within forty-five (45) days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Allotment Letter, Allotment Letter

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CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 6.1 Schedule for possession of the said Unit - The Promoter Promoters agrees and understands that timely delivery of possession of the said Unit to the Allottee(s) and the Common Areas and Facilities of Said Project to the Maintenance Association, is the essence of the Agreement. The Promoter No. 2 assures to handover possession of the said Unit along with ready and complete Common Areas and Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 11/10/2021 unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project ("Force Majeure"). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter NO.2 shall be entitled to the extension of time for delivery of possession of the Said Unit and the Promoter NO.2 shall not be liable to pay any penalty/interest/compensation during such Force Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter NO.2 to implement the said Project due to Force Majeure conditions, which shall be assessed by the PromoterPromoter No.2, the Promoter NO.2 shall inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotment, the Promoter NO.2 shall refund to the Allottee(s) the entire amount received by the Promoter NO.2 from the Allottee(s) with Interest (computed at the Interest Rate of 15% p.a.) within forty-five (45) 180 days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter No. 2 and the Promoter No. 2 shall be released and discharged from all its obligations and liabilities under this Agreement. 6.2 Procedure for execution of conveyance deed and taking possession- The Promoter NO.2, within thirty (30) days of obtaining the occupancy certificate from the

Appears in 1 contract

Samples: Agreement for Sale

CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 Schedule for possession of the said Unit - The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee(s) and the Common Areas and Facilities of Said the Project to the Maintenance Association, is the essence of the Agreement. The Promoter assures to handover possession of the said Unit along with ready and complete Common Areas and Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 , unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project ("Force Majeure"). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Said Unit and the Promoter shall not be liable to pay any penalty/interest/compensation during such Force Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the said Project due to Force Majeure conditions, which shall be assessed by the PromoterPromoter (and such assessment shall be final and binding on the Allottee(s)), the Promoter shall shall, after becoming aware about the impossibility of the Project, inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotmentAgreement, the Promoter shall refund to the Allottee(s) the entire amount received by the Promoter from the Allottee(s) with Interest interest (computed at the Interest Rate of 15% p.a.Rate) within forty-five (45) 180 days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for execution of Conveyance Deed of the Unit and taking possession- Subject to Allottee(s) performing and fulfilling its obligations as mentioned in this agreement, the Promoter, upon completion of construction of the Project, shall vide Offer Letter to the Allottee(s) require Allottee(s) to complete the following tasks within the period of 21 days ("Possession Notice Expiry Date") (i) to make the payment of all outstanding dues and stamp duty, registration charges and other incidental charges, if any, execute and register Conveyance, Defj9rof th For Shfee U . lIt ",eStj'1e DRAfT AGREEMENT FOR SALE take the possession of the Unit. The Promoter NO.2 shall, subject to receipt of Total Payable Amount in respect of the Unit as per Payment Plan, delay interest, if any, and such other charges as mentioned under the Agreement from the Allottee(s), shall execute and register a Conveyance Deed and convey the title of the Unit together with proportionate indivisible share in common areas of Project and also handover possession of the Unit within three (3) months from the date of issuance of the occupancy certificate. The Promoter NO.2 agrees and undertakes to indemnify the Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter NO.2 which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter No.2 and/or on account of any default/delay on the part of the Allottee(s). The Allottee(s), after taking possession (which shall be after the issuance of completion certificate for the Project) agree(s) to pay the maintenance charges as determined by the Promoter NO.2 or Maintenance Association, as the case may be. The Allottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899, Rajasthan Xxxxx Xxx, 0000 and Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencies/penalties imposed by the competent authority. The Promoter shall not be responsible for any damage caused to the Unit on account of delay on the part of the Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the same on "as is where ;s basis". The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer, etc. 7.3 Handing Over of Common Areas and ,Documents; It shall be the responsibility of the Promoter to handover the necessary documents' and plan, including Common Areas and Facilities of the Project to the Maintenance Association within thirty days of obtaining the completion certificate. 7.4 Cancellation by Allottee(s)- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that in case the Allottee(s) cancels/withdraws from the Project without any fault/default of the Promoter, the Promoter shall be entitled to forfeit the Xxxxxxx Money, all any taxes, duties, cess, etc. deposited by the Promoter to the concerned department/authority in respect of the Unit and all other penalties and interest liabilities of any nature whatsoever in respect of the Unit, as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount shall be returned by the Promoter to the Allottee(s) without any interest after For Shree ~ Homes Pvt. LllL V Director DRAFT AGREEMENT FOR SALE the sale of Unit to a new allottee/buyer, from the amounts realised from the such new allottee/buyer.

Appears in 1 contract

Samples: Agreement for Sale

CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 6.1 Schedule for possession of the said Unit – The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee(s) and the Common Areas and Facilities of Said the Project to the Maintenance Residents’ Association, is the essence of the Agreement. The Similarly, the Allottee(s) understands that the timely payment of Total Payable Amount of the Unit and other amounts in accordance with this Agreement is the essence of this Agreement. Therefore, subject to timely payment of Total Payable Amount and other amounts by the Allottee(s) as per this Agreement, the Promoter assures to handover possession of the said Unit along with ready and complete Common Areas and Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 , unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project (“Force Majeure”). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Said Unit and the Promoter shall not be liable to pay any penalty/interest/compensation during such Force Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the said Project due to Force Majeure conditions, which shall be assessed by the PromoterPromoter (and such assessment shall be final and binding on the Allottee(s)), the Promoter shall shall, after becoming aware about the impossibility of the Project, inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotmentAgreement, the Promoter shall refund to the Allottee(s) the entire amount received by the Promoter from the Allottee(s) with Interest interest (computed at the Interest Rate of 15% p.a.Rate) within forty-five (45) days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 Schedule for possession of the said Unit The Promoter Seller agrees and understands that timely delivery of possession of the Unit to the Allottee(s) and the Common Areas and Common Facilities of Said the Project to the Maintenance Owner's Association, is the essence of the Agreement. The Promoter assures Sellerassures to handover possession of the said Unit along with ready and complete Common Areas and Common Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 .before , unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project ("Force Majeure"). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter Seller shall be entitled to the extension of time for delivery of possession of the Said Unit and the Promoter Seller shall not be liable to pay any penalty/interest/compensation during such Force FarlJ!ff;~~eve'6pers Page 13 of35 U(J ._.~ C' \uth. Signata, Y Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter Seller to implement the said Project due to Force Majeure conditions, which shall be assessed by the PromoterSeller(and such assessment shall be final and binding on the Allottee(s)), the Promoter shall Seller shall, after becoming aware about the impossibility of the Project, inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotmentAgreement, the Promoter Seller shall refund to the Allottee(s) the entire amount received by the Promoter from Sellerfrom the Allottee(sAllottee( s) with Interest interest (computed at the Interest Rate of 15% p.a.Rate) within forty-five (45) 180 days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against theSellerand the Promoter and the Promoter Seller shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for execution of Conveyance Deed of the Unit and taking possession The Seller, upon completion of the Project, shall videwritten notice("Offer Letter") (i) invite Xxxxxxxx(s) (along-with details of outstanding dues and stamp duty, registration charges and other incidental charges to be paid by the Allottee(s) to the Selleras per this Agreement before hand) to take possession and execute and register Conveyance Deed of the Unit; and (ii) offer the possession of the Unit. The Sellershall, subject to receipt of Total Payable Amount in respect of the Unit as per Payment Plan and such other charges as mentioned under the Agreement from the Allottee( s), shall execute and register a Conveyance Deed and convey the title of the Unit together with proportionate indivisible share in common areas and also handover possession of the Unit.The Seller agrees and undertakes to indemnify the Allottee( s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Sellerwhich the Seller are liable to comply/carry out as per the Applicable Laws, provided, such failure is not on account of reasons beyond the controls of Sellerand/or on account of any default/delay on the part of the Allottee(s). The Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Selleror Owner's Association, as the case may be. The Allottee(s) shall be solely responsible and liable for compliance of the provisions ofIndian Xxxxx Xxx, 0000, Xxxxxxxxx Xxxxx Xxx, 0000 and Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencie~/penalties imposed by the competent authority. The Seller shall not be responsible for any damage caused to the Unit on account of delay on the part of the Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the same on "as is where is basis". However, notwithstanding the above, the Alottee(s) shall not be entitled to demand the possession from the Seller before making complete payment of agreed Basic Sale Consideration, Additional Payments, other charges, applicable duties& taxes and interest, if any, as per this Agreement. The Seller shall not be held responsible in any Fgr~DaiSY Developers manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer', etc.

Appears in 1 contract

Samples: Agreement for Sale

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CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 6.1 Schedule for possession of the said Unit – The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee(s) and the Common Areas and Facilities of Said the Project to the Maintenance Residents’ Association, is the essence of the Agreement. The Similarly, the Allottee(s) understands that the timely payment of Total Payable Amount of the Unit and other amounts in accordance with this Agreement is the essence of this Agreement. Therefore, subject to timely payment of Total Payable Amount and other amounts by the Allottee(s) as per this Agreement, the Promoter assures to handover possession of the said Unit along with ready and complete Common Areas and Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 31-05-2019, unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project (“Force Majeure”). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Said Unit and the Promoter shall not be liable to pay any penalty/interest/compensation during such Force Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the said Project due to Force Majeure conditions, which shall be assessed by the PromoterPromoter (and such assessment shall be final and binding on the Allottee(s)), the Promoter shall shall, after becoming aware about the impossibility of the Project, inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotmentAgreement, the Promoter shall refund to the Allottee(s) the entire amount received by the Promoter from the Allottee(s) with Interest interest (computed at the Interest Rate of 15% p.a.Rate) within forty-five (45) days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

CONVEYANCE AND POSSESSION OF SAID UNIT. 7.1 Schedule for possession of the said Unit - The Promoter Promoters agrees and understands that timely delivery of possession of the Unit to the Allottee(s) and the Common Areas and Facilities of Said the Project to the Maintenance Association, is the essence of the Agreement. The Promoter No. 2 assures to handover possession of the said Unit along with ready and complete Common Areas and Facilities of Said Project with all specifications, amenities and facilities of the Said Project in place on or before 30/06/2020 _ unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the Said Project ("Force Majeure"). If, however, the completion of Said Project is delayed due to the Force Majeure conditions then the Allottee(s) agrees that the Promoter NO.2 shall be entitled to the extension of time for delivery of possession of the Said Unit and the For Unique Mad uban Promoter No.2 shall not be liable to pay any penalty/interest/compensation during such Force Majeure condition, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter No.2 to implement the said Project due to Force Majeure conditions, which shall be assessed by the PromoterPromoter No. 2 (and such assessment shall be final and binding on the Allottee(s», the Promoter shall No.2 shall, after becoming aware about the impossibility of the Project, inform the Allottee(s) about such impossibility along with notice of termination of one month and upon termination of this allotmentAgreement, the Promoter No. 2 shall refund to the Allottee(s) the entire amount received by the Promoter No.2 from the Allottee(s) with Interest interest (computed at the Interest Rate of 15% p.a.Rate) within forty-five (45) 180 days from the date on which termination became effective. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter Promoters and the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. @JProcedure for execution of Conveyance Deed of the Unit and taking possession- Subject to Allottee(s) performing and fulfilling its obligations as mentioned in this agreement, the Promoter No.2, upon completion of construction of the Project, shall vide Offer Letter to the Allottee(s) require Allottee(s) to complete the following tasks within the period of 2 I days ("Possession Notice Expiry Date") (i) to make the payment of all outstanding dues and stamp duty, registration charges and other incidental charges, if any, execute and register Conveyance Deed of the Unit; and (ii) take the possession of the Unit. The Promoter No.2 shall, subject to receipt of Total Payable Amount in respect of the Unit as per Payment Plan, delay interest, if any, and such other charges as mentioned under the Agreement from the Allottee( s), shall execute and register a Conveyance Deed and convey the title of the Unit together with proportionate indivisible share in common areas of Project and also handover possession of the Unit within three (3) months from the date of issuance of the occupancy certificate. The Promoter No.2 agrees and undertakes to indemnify the Allottee( s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter No.2 which the Promoter No.2 is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter No.2 and/or on account of any default/delay on the part of the Allottee(s). The AIlottee(s), after taking possession (which shall be after the issuance of completion certificate for the Project) agree(s) to pay the maintenance charges as determined by the Promoter No.2 or Maintenance Association, as the case may be. The Allottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899, Rajasthan Xxxxx Xxx, 0000 and Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencies/penalties imposed by the competent authority. The Promoters shall not be responsible for any damage caused to the Unit on account of delay on the part of the Allottee( s) in taking over possession and in such event the Allottee( s) shall have to take possession of the same on "as is where is basis". The Promoters shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Samples: Agreement for Sale

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