Covenants of the Allottee. Apartment use
Covenants of the Allottee. The Allottee covenants with the Promoter (which expression includes the body of unit/apartment holders of the Real Estate Project under the West Bengal Apartment Ownership Act, 1972 (“Association”), wherever applicable) and admits and accepts that:
a) Allottee Aware of and Satisfied with Common Portions and Specifications: The Allottee, upon full satisfaction and with complete knowledge of the Common Portions, Specifications and all other ancillary matters, is entering into this Agreement. The Allottee has examined and is acquainted with the Said Block to the extent already constructed and has agreed that the Allottee shall neither have nor shall claim any right over any portion of the Said Block save and except the Apartment.
b) Allottee to Mutate and Pay Rates & Taxes: The Allottee shall (1) pay the Rates & Taxes (proportionately for the Said Block and wholly for the Apartment, from the Date Of Possession and until the Apartment is separately assessed in the name of the Allottee), on the basis of the bills to be raised by the Promoter or the Association (upon formation), such bills being conclusive proof of the liability of the Allottee in respect thereof and (2) have mutation completed at the earliest. The Allottee further admit and accept that the Allottee shall not claim any deduction or abatement in the bills of the Promoter or the Association (upon formation). If the Allottee delay in paying the Rates & Taxes, the Allottee shall pay compound interest @ 2% (two percent) per month or part thereof (compoundable monthly), from the date of default till the date of payment.
c) Allottee to Pay for Common Expenses/Maintenance Charges: Subject to the provisions of Clause 1.2 above, the Allottee shall pay the Common Expenses/Maintenance Charges, on the basis of the bills to be raised by the Promoter or the Association (upon formation), such bills being conclusive proof of the liability of the Allottee in respect thereof. The Allottee further admit and accept that (1) the Allottee shall not claim any deduction or abatement in the bills relating to Common Expenses/ Maintenance Charges and (2) the Common Expenses/ Maintenance Charges shall be subject to variation from time to time, at the sole discretion of the Promoter or the Association (upon formation).
d) Allottee to Pay Interest for Delay and/or Default: The Allottee shall pay, without raising any objection in any manner whatsoever and without claiming any deduction or abatement whatsoever, all bills raised...
Covenants of the Allottee. TRANSFEREE
Covenants of the Allottee. 35.1 The Allottee agrees that the Promoter shall be entitled to provide and designate certain common areas and facilities appurtenant to apartments/flats/units in the said Project as limited and exclusive common areas and facilities, at its sole discretion, the usage whereof shall be limited and exclusive to the allottee/s of such apartments/flats/units and to the exclusion of other allottee/s in the said Project (“Limited Areas And Facilities”). The Allottee agrees to use only the Limited Areas And Facilities (if any) specifically identified for the Allottee appertaining to the said Apartment. The Allottee agrees to not use the Limited Areas And Facilities identified for other allottee/s and hereby records its consent that the Allottee does not have any claim of any nature whatsoever with respect to the Limited Areas And Facilities identified for other allottee/s and/or the usage thereof. In this regard it is made clear that the allottee/s/occupants of the Commercial Segment of the said Project shall not have any right to use the Residential Common Areas, Amenities and Facilities identified exclusively for the use and enjoyment of the allottee/s/occupants of the Residential Segment (including the Allottee herein) of the said Project.
35.2 The Allottee has been made expressly aware that the open parking spaces are a part of the limited common areas as defined in Section 3(i) of West Bengal Ownership Act, 1972. The Allottee herein is acquainted with and agrees that the Promoter shall be entitled to grant certain intending allottees in the Project such areas being a part of limited common areas of such allottees. The Allottee herein records his/her/its consent not to claim and or object to such arrangement being granted in favour of the other allottees in the Project. It is hereby expressly clarified that the Promoter holds absolute discretion in the demarcation of the Limited Common Areas and Facilities, as well as in determining its usage and reserving access for specific individuals or groups, all at its sole discretion and the Allottee consents to the same.
35.3 The Allottee has been made expressly aware and after considering what has been disclosed to the Allottee by the Promoter, the Allottee has, after taking independent legal advice in respect thereof, agreed that his right to enjoy the Residential Common Areas, Amenities and Facilities and the Project Common Areas, Amenities and Facilities shall always be subject to a permanent right of easement use...
Covenants of the Allottee. The Allottee by himself/herself with intention to bind all persons into whose hands the said Premises and other premises may hereinafter come, hereby covenants with the Promoter as follows, for the purpose of, inter-alia, ensuring the soundness and safety of the Real Estate Project, for maintaining the value of the Real Estate Project, and for ensuring that any easement in respect of any of the aforesaid remains unaffected:
10.1 Not to do or suffer to be done anything in or to the Real Estate Project, said Premises, staircase, common areas or any passages which may be against the rules, regulations or bye-laws of the concerned authorities or change/alter or make addition in or to the Real Estate Project or to the said Premises itself or any part thereof and to maintain the said Premises (including sewers, drains, pipes) and appurtenances thereto at the Allottees’ own cost in good repair and condition from the expiration of the Possession Period and not to demolish or cause to be demolished the said Premises or any part thereof and/or make/cause to make any addition or alteration of whatsoever nature in the said Premises and in particular so as to support, shelter and protect other parts of the Real Estate Project;
10.2 Not to raise any objection to the Promoter completing the construction of the Real Estate Project (including additional floors on the thereon) in accordance with applicable law and this Agreement, without any interference or objection, whether prior to or subsequent to the Allottee taking possession of the said Premises;
10.3 Not to object to the Promoter laying through or under or over the said Land or any part thereof pipelines, underground electric and telephone cables, water lines, gas pipe lines, drainage lines, sewerage lines, etc., belonging to or meant for any of the other buildings/towers/real estate projects which are to be developed and constructed on any portion of the said Land;
10.4 Not to change the user of the said Premises and to comply with stipulations and conditions laid down by the Promoter/its designated Project Manager or the said Society/Apex Body with respect to the use and occupation of the said Premises;
10.5 Not to make any structural alteration and/or construct any additional structures, mezzanine floors, whether temporary or permanent;
10.6 Not to cover or construct anything on the open spaces, garden, recreation area and/or parking spaces;
10.7 Not to make any alteration in the elevation and outside colour sche...
Covenants of the Allottee. The Allottee covenants with the Promoter (which expression includes the body of unit/apartment holders of the Real Estate Project under the West Bengal Apartment Ownership Act, 1972 (“Association”), wherever applicable) and admits and accepts that:
Covenants of the Allottee. 1.1 The Allottee subject to compliance of all the terms and condition of this deed and further, observing and performing the covenants, more fully described in the Schedule–G, appearing hereinafter, shall peacefully own, hold and enjoy the said Apartment.
1.2 The Allottee has been and is aware, that certain minor changes, modification and/or alteration, for the purpose of expeditious construction, better planning and due to non-availability of certain materials, during the course of construction were made by the Promoter on the advice of the Project Architect, to the preliminary plans and specifications, reflected in the brochure, at the time of booking and the Allottee hereby undertakes not to raise any dispute and/or claim of whatsoever nature in this regard.
1.3 Upon execution of this deed of sale, the Allottee, subject to the warranty mentioned in clause 2.3, hereafter, shall not raise any claim of whatsoever nature, against the Owner and Promoter.
Covenants of the Allottee. The Allottee by himself with intention to bring all persons into whosoever hands the said Apartment and/or its rights, entitlements and obligations under this Agreement may come for the purpose of inter-alia ensuring the soundness and safety of the Real Estate Project and Project-Vicino, for maintaining the value of the Real Estate Project and Project-Xxxxxx, and for ensuring that any easement in respect of any of the aforesaid remains unaffected, hereby represent, warrant and covenants with the Promoter as follows:-
(a) To maintain the said Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the said Apartment is taken and not to do or suffer to be done anything in or to the Real Estate Project, the said Apartment, staircase, common areas or any passages, which may be against the rules, regulations or bye-laws of the concerned authorities or change/alter or make addition in or to the Real Estate Project or to the said Apartment itself or any part thereof and to maintain the said Apartment (including sewers, drains, pipes) and appurtenances thereto at the Allottee’s own cost in good repair and condition from the date that possession of the said Apartment is taken and not to demolish or cause to be demolished the said Apartment or any part thereof and/or make/cause to make any addition or alteration of whatsoever nature in the said Apartment and in particular so as to support, shelter and protect other parts of the Real Estate Project..
(b) Not to store anything on the refuge floor nor store anything in the said Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the said Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the said Apartment is situated, including entrances of the said Building in which the said Apartment is situated and in case any damage is caused to the said Building in which the said Apartment is situated or the said Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(c) Not to raise any objection to the Promoter completing the construction of the Real Estate P...
Covenants of the Allottee. 7.2.1 The Allottee subject to compliance of all the terms and condition of this deed and further, observing and performing the covenants, more fully described in the Schedule H, appearing hereinafter, shall peacefully own, hold and enjoy the said Unit.
Covenants of the Allottee. TRANSFEREE Residential use
