Covenants of the Purchaser. 1.3.1 The Purchaser agrees, undertakes and covenants to: (a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ; (b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance; (c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults of the Purchaser; (d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard; (e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore; (f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter; (g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units; (h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed; (i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19; (j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D; (k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter; (l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance; (m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and (n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance. 1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law. 1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability. 1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.
Appears in 2 contracts
Samples: Deed of Conveyance, Deed of Conveyance
Covenants of the Purchaser. 1.3.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including and not to commit breach of or do any act contrary to any of the terms, covenants and conditions stated therein or herein and it is further agreed by and between the parties that in particular in Clause the event of any conflict between the Agreement to Sale and this Deed of Conveyance, Clause the terms of this Deed of Conveyance shall prevail;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/ Promoter and/or their respective successor and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 The Upon Closing, the Purchaser agrees, undertakes and covenants toshall:
(a) performEmployees of the Vendor - offer employment to all employees of the Vendor that are employed immediately prior to the Closing Date (the “Employees”) on terms and conditions no less favourable than the terms and conditions of which the employees of the Vendor are employed immediately prior to the Closing Date, observe and comply with indemnify and hold the Vendor harmless from and against any and all claims and liabilities related to the termsEmployees, conditionshowsoever arising, restrictionsincluding without limitation, stipulationsany and all liabilities for any claims made by the Employees after Closing for, obligations and covenants mentioned or related to termination pay, severance, pay in this Deed including in particular in Clause lieu of notice of termination, Clause vacation or holiday pay, income tax on amounts paid, any other employee entitlements or claims, or any other amounts required to be paid by the laws of the Province of Alberta or the laws of Canada which may have accrued after Closing, or which may arise as a result of the transactions contemplated hereunder;
(b) pay wholly Conformity with Architectural Standard - maintain the structure, design and components of any and all buildings or structures included in respect of the said Apartment Unit and proportionately Utility Assets, including any renovations thereon or additions thereto (collectively, the “Buildings”) in respect of the Said Property and conformity with any architectural standards imposed by one or more restrictive covenants respecting the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for Water Meters - at its own cost, install water meters at the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults dwellings of each of the PurchaserResidents as of the Closing Date, and maintain and repair the water meters as part of the provision of the Utility Services;
(d) not Rates for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning Utility Services - charge the completion Residents the same rate for the provision of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, Utility Services as is charged by the Purchaser shall be responsible and liable to other residents of Foothills County (the “County”) for all losses and damages which the Vendors may suffer in this regardsubstantially similar utility services;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion Future Capital Expenditures - in its provision of the Buildings and/or Utility Services, proportionately allocate capital expenditures among the said Apartment Unit or regarding Utility Assets and any other assets owned by the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area Purchaser which serve other residents of the said Apartment Unit and/or regarding any of County (“Other Utility Assets”), such that all such capital expenditures are applied in an equal manner between the matters/items mentioned in Clause hereinbeforeUtility Assets and the Other Utility Assets;
(f) not question the quantum or apportionment Water Softening Practice - in its provision of the Common Expenses mentioned Utility Services, continue using potassium chloride to soften potable water in Schedule-D hereto (Common Expenses) or the basis thereof or any other mattersame manner as currently conducted by the Vendor, until such time as the Parties mutually agree in writing to cease such practice;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user Irrigation Water Supply (Raven 7 Pond) - in its provision of the Common Areas (mentioned Utility Services, supply irrigation water to that body of water called “Raven 7 Pond” as shown in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;Schedule “C” attached hereto; and
(h) not claim Compliance with AEP and DFO Requirements - conform to and abide by any right over and/or in respect and all rules, requirements and regulations issued by Alberta Environment and Parks and the Department of the roof of the Buildings other than the Common Roof Area Fisheries and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits Oceans Canada that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that or may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liabilityUtility Services.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.
Appears in 1 contract
Samples: Memorandum of Understanding
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement of Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) The Purchaser shall pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Owner shall not be liable for the same under any circumstancecircumstances;
(c) regularly Regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not Not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not Not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto Schedule G (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not Not object and/or cause any inconvenience, hindrance, objection or disturbance to the user User of the Common Areas (mentioned in Schedule-DSchedule- F) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(g) Comply with and honour the House rules mentioned in Schedule-H;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get Get the said Apartment Unit mutated in his his/her/their name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay Pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the e liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay Pay all future betterment/development charges charges, etc. relating to the said Apartment Unit and/or the Said Property; andCommon Areas.
(n) compensate any income tax liability that may become payable 4.2 It has been agreed by the Vendors due to there being any difference between parties that the market valuation Association(s) of all the Purchasers of the said Apartment Unit Project shall be formed as per and when the registration authorities Project is completed in its entirety and the Agreed Considerationassociation shall own all common areas, amenities and facilities of the Project together with all easements, rights and appurtenances belonging thereto. The Purchaser acknowledges that all blocks shall form the project and shall share all amenities, facilities, common areas and common portion in common with each of the Purchasers/Total Price paid Unit Holders of each Block and there shall be no bar or restriction in the use of amenities, facilities, common areas and common portions in any of the Blocks.
4.3 The common areas of Project as detailed in Schedule “F” will be made available to the Purchaser and for the enjoyment and maintenance of the common areas and facilities of the Project, the Purchaser shall be liable to remit per month the proportionate Maintenance Charges of such area and facilities which are been made available to the Purchaser and such Maintenance Charges shall be as may be fixed by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceOwner.
1.3.2 4.4 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/their obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of their Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owner and/or their respective successors and/or successors save harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Apartment Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / Unit Owners/ tenants/ occupants of other UnitsApartment Owners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 3.1. The Purchaser agrees, undertakes and covenants to:
(a) to perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;as also
(b) to pay wholly in respect of the said Apartment Unit all outgoings such as maintenance charge and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges property taxes and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, including but not limited to Panchayet taxesto, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under and any statuteother tax, rule duty, levy or regulation, etc. charge (Rates & Taxes) as also all enhancements and/or new impositions that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or or maintenance of the said Apartment Unit and/or relating to the Agreement for Sale and/or this Deed of Conveyance without raising any objection thereto(proportionately for the Said Land and/or the Said Wing and wholly for the Said Apartment Unit), within 7 on the basis of the bills to be raised by the Vendor/Facility Manager/Association (seven) days upon formation)/ Kolkata Municipal Corporation, such bills being conclusive proof of demand being made the liability of the Purchaser in respect thereof. The Purchaser further admits and accepts that the Vendors Purchaser shall not be liable for claim any deduction or abatement in the same under any circumstance;aforesaid bills
(c) to regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Apartment Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors Vendor regarding the construction and/or the completion title of the Buildings and/or Vendor to the said Apartment Unit or regarding Land, the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;……………. and other approvals
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;
(he) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get open land at the said Apartment Unit mutated Wing/said Land or in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation open or covered areas of the said Apartment Unit Wing/said Land which is not meant to be a common area or portion as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and Vendor or in any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed Parking Spaces (whether covered or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms open) other than that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.mentioned in
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents)and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. electricity charges and the Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance shall be paid without raising any objection thereto, within 7 15 (sevenfifteen) days of demand being made and the Vendors Owner and the Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not to claim any right or interest whatsoever in respect of Commercial or Heritage area nor for deduction granted for payment of maintenance charges and common expenses @ 75% of the rate applicable to the other residential Owners of New Building and agree never object the same or raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;dispute.
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(ki) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafterCorporation;
(lj) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;; and
(mk) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owner/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 a. The Purchaser agrees, undertakes and covenants to:
(a) i. to perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;including.
(b) ii. to pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property Premises and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, including but not limited to Panchayet taxesto, municipal tax, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under and any statuteother tax, rule duty, levy or regulationcharge from the Date of Possession or from the Date of Commencement of Liabilities, etc. whichever is earlier as also all enhancements and/or new impositions that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, thereto within 7 15 (sevenfifteen) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) iii. to regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Apartment Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildingsiv. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors regarding the title of the Vendors to the Premises, the Plans, the construction and/or the completion of the Buildings and/or the said Apartment Unit or including regarding the already verified calculation of Carpet Areaquality, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or specifications, materials being used, structural stability, workmanship or regarding any of the matters/items mentioned in Clause hereinbeforehereinbefore and hereby waives the right, if any, regarding the above;
(f) v. not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) SEVENTH SCHEDULE or any other matter or the basis thereof or any other matteras may be decided by the Vendors;
(g) vi. not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DEIGHTH SCHEDULE) by the Vendors / Unit Owners/ tenants/ occupants Vendors/transferees/ tenants of other Unitsconstructed spaces comprised in the Buildings as has been and/or may be specifically permitted to them in writing by the Vendors;
vii. not claim any right over and/or in respect of any open land at the Premises or in any open or covered areas of the Buildings and the Premises which is not meant to be a common area or portion as per the Vendors or in any Parking Spaces (h) whether covered or open).
viii. not claim any right over and/or in respect of the roof roofs of the Buildings other than save and except the right of common use and enjoyment;
ix. not object to the use of the Common Roof Area and that too only Areas (mentioned in T XXXX SCHEDUL) by the other Apartment Owners x. not object to the extent and subject Vendors, its agents and/or assigns having the exclusive right at all times to the conditions mentioned in this Deed;
(i) not raise any objection install or claim set up and/or permit and/or grant rights to outside/third parties against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements payment of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancyconsideration/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors for installing and/or setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems within the agreed compensation equivalent to such income tax liability Premises or on such difference at the highest applicable tax rate at roofs of the prevailing time Buildings and any interest and/or penalty in respect thereof no one including the Apartment Owners (including the Purchaser) and such payment the Association shall be made by entitled to object or to hinder the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser same in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.manner whatsoever;
Appears in 1 contract
Samples: Conveyance Agreement
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) It has been agreed by the parties that the Association (s) of all the allottees of both the Towers in the Project shall be formed as and when the Project is completed in its entirety shall own in common all common areas, amenities and facilities of the Project together with all easements, rights and appurtenances belonging thereto. The Allottee acknowledges that both the Towers shall form the project and shall share all amenities, facilities, common areas and common portion in common with each of the Allottees/Unit Holders of each Tower and there shall be no bar or restriction in the use of amenities, facilities, common areas and common portions in any of the Towers. The Allottes shall pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/ Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 15 (sevenfifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Developer and/or their respective successors and/or successors saved xxxxxxxx and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1. The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or and/ or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Owner/Seller shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto Part IV of Schedule-_ (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2. The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owner/Seller and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and outgoings whether local state or central which may become payable in respect of his/her/it Apartment for the period commencing from as stipulated and shall be liable to comply with make payment as and when the same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or perform their respective successors and/or successors saved harmless and fully indemnified from and against all costs charges actions suits and proceeding including litigation cost.
4.3 The Purchaser acknowledge that the covenants, undertakings Complex is being constructed over the said Premises and obligations required to be complied with and/or performed on the Separated Area and the Excluded Area do not form part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 said Premises. The Purchaser has entered into further acknowledges that pursuant to discussions, the Agreement Owners and is executing this Deed Xxxxxx Xxxx Constructions Limited have agreed to grant a right of Conveyance access / passageway for purchase the said Complex through the Excluded Area and the Separated Area subject to the conditions that (a) the Owners and Xxxxxx Xxxx Constructions Limited will be permitted to undertake construction on the said Separated Area and the Excluded Area respectively at present not forming part of the said Apartment Unit Premises and (b) the Owners and Xxxxxx Xxxx Constructions Limited will, subject to necessary sanctions, be permitted to amalgamate the land comprising the Separated and the Excluded Area with full knowledge the said Premises as part of all laws, rules and regulations, notifications, etc. applicable to the ProjectComplex. The Purchaser acknowledge and has provided its consent / no- objection to such conditions and further agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are provide its consent if so required by any competent authority at his own costsGovernmental Authority to effectuate the amalgamation. The Purchaser declares further acknowledges and confirms agrees that all payments made by him under in the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if event that the Purchaser is resident outside Indiaunwilling to grant their consent to the amalgamation of the Excluded and the Separated Area with the said Premises, the Foreign Exchange Management Act, 1999said Premises, the Reserve Bank of India ActOwners and Xxxxxx Xxxx Constructions Limited, 1934 whilst exercising their rights in and over the said Excluded Area and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser Separated Area shall be solely liable in permitted to withdraw the event right of any failure or noncompliance access/passageway granted over their respective landsand shall further be entitled to undertake such construction on the Excluded and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed Separated Area as electrical connection may be used for Internal Flat Finishingpermissible under applicable laws.
Appears in 1 contract
Samples: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matteras it has already been conveyed that the quantum of Common Expenses for the Commercial Area, shall be as decided by the Developer;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Commercial Area Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;Part I
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Samples: Deed of Conveyance
