Failure of Allottee(s Sample Clauses

Failure of Allottee(s to take possession of Apartment – Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee(s) shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as required and the Promoter shall give possession of the Apartment to the Allottee(s). In case the Allottee(s) fail(s) to take possession within the time provided in para 7.2 such Allottee(s) shall be deemed to be in such possession and the Allottee(s) shall be liable to pay maintenances charges, municipal tax and other outgoings and further pay holding charge of Rs.5,000/- (Rupees five thousand only) per month or part thereof to the Promoter for the period of delay in taking possession from such date as notified in the Possession Notice (Deemed Possession). On and from the Possession or Deemed Possession date: (i) The Apartment shall be at the sole risk and cost of the Allottee(s) and the Promoter shall have no liability or concern thereof; (ii) The Allottee(s) shall become liable to pay the Maintenance Charges in respect of the said Apartment and the Common Areas; (iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee(s) proportionate to his interest therein and those relating only to the said Apartment shall be borne solely and conclusively by the Allottee(s). (iv) All other expenses necessary and incidental to the management and maintenance of the said Project.
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Failure of Allottee(s to take possession of Apartment – Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee(s) shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the Allottee(s). In case the Allottee(s) fail(s) to take possession within the time provided in para 7.2 such Allottee(s) shall be liable to pay maintenance charges, property taxes and other outgoings for the period of delay to taking possession from such date as notified in the Possession Notice from such date as notified in the Possession Notice. (Deemed Possession). It is understood by the Allottee(s) that even if the Allottee(s) fail(s) to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee(s) shall be deemed to have taken possession on the [15th ] day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee(s) take(s) physical possession of the Apartment, will be deemed to be the possession date (“Possession Date”). On and from the Possession Date and Deemed Possession: (i) The Allottee(s) shall become liable to pay the Maintenance Charges in respect of the Apartment and the Common Areas on and from the Possession Date and Deemed Possession; (ii) The Allottee(s), however, at the time of taking possession of the aforesaid apartment shall pay the maintenance charges for 12 months in advance calculated @ Rs. ……/- (Rupees only) per Sq. ft. plus GST per sq.ft. on the carpet area of ………..sq. ft. be the same a little more or less, exclusive balcony area of … sq.ft., exclusive terrace area of …. Sq.ft. more or less on the ……… Floor of the building + GST. except D.G. Set fuel cost. The Allottee(s) will also pay Rs. (iii) All taxes, deposits and other levies / charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee(s) proportionate to his / her / their interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee(s), with effect from the Possession Date and Deemed Possession. (iv) All other expenses necessary and incidental to the management and maintenance of the Project.
Sample 1
Failure of Allottee(s to take possession of Said Unit- Upon receiving a written intimation from the Promoter as per Para 7.2, the Allottee(s)shall within the period mentioned in such intimation take possession of the Said Unit from the Promoter by making payment of the balance consideration money clearing all the payments mentione herein and also executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and only thereafter the Promoter shall give possession of the Said Unit to the Allottee(s)In case the Allottee(s)fails to take possession within the time provided in Para 7.2, in such event the Allottee shall continue to be liable to pay maintenance charges as specified under Para 7.2 and all taxes and outgoings relating to this Said Unit and for all damages to the Said Unit and/or other parts of the building and also the guarding/holding charges @ Rs. 20,000/- (Rupees Twenty Thousand only) per month for the Said Unit, plus GST (if applicable) to the Promoter from the date as mentioned in the intimation for possession.
Sample 1
Failure of Allottee(s to take possession of Said Unit- Upon receiving a written intimation from the Promoter as per Para 7.2, the Allottee(s)shall within the period mentioned in such intimation take possession of the Said Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Said Unit to the Allottee(s)In case the Allottee(s)fails to take possession within the time provided in Para 7.2, such shall continue to be liable to pay maintenance charges as specified under Para 7.2 and all taxes and outgoings relating to this Said Unit and for all damages to the Said Unit and/or other parts of the building.
Sample 1
Failure of Allottee(s to take Possession of [apartment] - Upon receiving a written intimation from the Vendors/Promoter the Allottee(s) shall take possession of the [apartment] from the Vendors/Promoter by executing necessary indemnities, under takings and such other documentation as prescribed in this agreement, and the Vendors/Promoter shall give possession of the [apartment] to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided such Allottee(s) shall continue to be liable to pay maintenance charges as applicable.
Sample 1
Failure of Allottee(s to take possession of Apartment-Upon receiving a written intimation from the Promoter as per Term No. 6.2 above, the Allottee(s) shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the Allottee. In case the Allottee fails to take possession within the time provided as per Term No. 6.2 above, such Allottee(s) shall continue to be liable to pay maintenance charges & all requisite taxes as specified under Term No.6.2 above.
Sample 1
Failure of Allottee(s to take possession of Villa - Upon receiving a written intimation from the Promoter as per Para 7.2 herein above, the Allottee(s) shall take possession of the said Villa from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the said Villa to the Allottee(s). In case the Allottee(s) fail(s) to take possession within the time provided as per Para 7.2 above, such Allottee(s) shall continue to be liable to pay maintenance charges as specified under Para 7.2 above.
Sample 1

Related to Failure of Allottee(s

  • Failure of Allottee to take Possession of Apartment Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2, such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.2.

  • JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees.

  • Failure of Condition If Purchaser is unable to timely satisfy (and Seller has not waived in writing) the conditions precedent to Seller’s obligation to effect the Closing set forth in Section 9(c)(i) or (ii) above, then such failure shall constitute a default hereunder, in which case, Section 19(a) shall govern. If Seller is unable to timely satisfy the conditions precedent to Purchaser’s obligation to effect the Closing, then, (i) Purchaser may, in its sole discretion and without any abatement in the Purchase Price, adjourn the Closing Date for a period or periods not to exceed sixty (60) days in the aggregate (but, in any event, to a date no later than the Outside Closing Date (as hereinafter defined)) and (ii) if, after any such extension, the conditions precedent to Purchaser’s obligation to effect the Closing continue not to be satisfied (and Purchaser has not waived the same in writing) or Seller does not elect such extension and, in either case, such failure of condition precedent is not the result of Seller’s default hereunder, then Purchaser shall be entitled to terminate this Agreement by notice thereof to Seller; provided, however, that if such failure of condition precedent is the result of Seller’s default hereunder, then Section 19(b) shall govern. Notwithstanding anything to the contrary contained in this Section 9(e), if Seller fails to deliver the Airspace Lease Assignment Consent by the Closing Date, Seller or Purchaser shall have the right to adjourn the Closing Date until five (5) days following the date in which Seller shall have delivered the Airspace Lease Assignment Consent; provided, however, that if Seller shall have failed to deliver the Airspace Lease Assignment Consent by [ , 2025] (the “Outside Closing Date”), then either Seller or Purchaser shall, until the Airspace Lease Assignment Consent is obtained, have the right to terminate this Agreement at any time thereafter in its sole discretion. If this Agreement is so terminated, due to a failure of the conditions precedent set forth in Section 9(d), then Purchaser shall be entitled to receive the Deposit, together with all interest accrued thereon, and neither party shall have any further obligations hereunder, except as provided in Section 19(b) (if applicable) and except those expressly stated to survive the termination hereof.

  • No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy. (b) Any waiver by us of our rights or remedies in respect of any term of this agreement or any breach of this agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.