Common use of Failure to Take Possession Clause in Contracts

Failure to Take Possession. Upon receiving a written intimation from the Promoter as per clause 3.2 above, the Allottee(s) shall take possession of the Apt. from the Promoter by executing necessary documentation as prescribed in this Agreement and the Promoter shall give possession of the Apt. to the Allottee(s). If for any reason(s) attributable to the Allottee(s) above, the Allottee(s) is/are unable to or does not take possession of the Apt. within the specified period/dates following the Stipulated Completion Date or the earlier completion date provided for in clause 3.5 above, as the case may be, the Promoter may at its discretion and subject to its rights under Applicable Law agree on another date for the Allottee(s) to take possession of the Apt. however the Allottee(s) shall nevertheless and notwithstanding his/her/their inability or failure to take possession as specified herein, be bound, liable and obliged to complete the full payment of all amounts payable under this Agreement within 15 days of notification of the Stipulated Completion Date or the Date of Earlier Completion, as the case may be and shall continue to be liable to pay maintenance charges as applicable, including all Government rates, taxes, charges, interest on delay and all other outgoings and expenses of and incidental to the management and maintenance of the Project and the Buildings thereon, with effect from the date of the written intimation. In the event of any delay by the Allottee(s) in taking possession within the period stipulated herein where such delay is through no default of the Promoter, the Allottee(s) shall be liable to pay the Promoter holding charges of Rs. 50,000 per month, which includes but is not limited to charges for looking after the Apt., advancing payment towards utility bills, insurance premium and any expenditure on the Allottee(s) behalf and keeping the Apt. in a good, habitable repair and condition. This holding charge shall be applicable from the date of the notification specified in clause 3.2 above till the date on which the Allottee(s) finally takes possession. This holding period shall not exceed 60 days and if the Allottee(s) does not take possession for a period within 60 days, he/her/they shall be deemed to have committed a terminable breach of the Agreement and the Promoter shall be at liberty to terminate this Agreement in the manner provided for herein.

Failure to Take Possession. Upon receiving a written intimation from If the Promoter as per clause 3.2 above, the Allottee(s) shall Allottee/s fails to take possession of the Apt. Said Unit within the stipulated period of this agreement from the Promoter by executing necessary documentation promoter, the Allottee/s shall be liable to municipal tax and other outgoings fallen due on and from the date of possession along with further amount of Rs. 10000/- per month as prescribed guarding charges for the period of delay in this Agreement taking possession. The Date of Possession shall always be deemed to be the date which comes on expire of the period of Notice for delivery of possession. (a) The Unit shall be at the sole risk and cost of the Allottee and the Promoter shall give possession have no liability or concern thereof; (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the AptUnit and the Common Areas on and from the Deemed Possession date/Possession Date; (c) The Allottee shall become liable to pay interest on defaults and guarding charges on and from Deemed possession. to the Allottee(s). If for any reason(s) attributable to the Allottee(s) above, the Allottee(s) is/are unable to or does not take possession The Allottee shall regularly and punctually make payment of the AptMaintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. within on the specified perioddue amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/dates following the Stipulated Completion Date or the earlier completion date provided for in clause 3.5 above, Association as the case may be, the Promoter may at its discretion and subject to its rights under Applicable Law agree on another date for the Allottee(s) shall be entitled to take possession the following measures and the Allottee hereby consents to the same: - To the discontinuance of supply of electricity to the Said Unit. - Restricted supply of Garbage Bags and from collection of the Apt. however same; - To the Allottee(s) discontinuance of water supply; - Restricted for electro-mechanical services i.e electrician, plumber, intercom services; - Restricted from granting Leave and License or tenancy; - Restricted from being member of any committee; - Restricted entry at gate; - Inspection of Unit by representative of Allottee restricted; - To discontinuance of the facility of DG Power back-up, if any; The above said discontinuances of the services and facilities shall nevertheless and notwithstanding his/her/their inability or failure to take possession as specified herein, not be bound, liable and obliged to complete restored till such time the full Allottee have made payment of all amounts payable under the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If the arrears on this Agreement within 15 days account exceeds a sum of notification of Rs.50,000/- in such event the Stipulated Completion Date or the Date of Earlier Completion, Promoter/Association as the case may be be, shall have the right to take appropriate steps for putting up the said Unit on Sale and shall continue to be liable to pay maintenance charges as applicable, including all Government rates, taxes, charges, interest on delay and all other outgoings and expenses of and incidental to realize the management and maintenance of the Project and the Buildings thereon, with effect arrears from the date of the written intimation. In the event of any delay by the Allottee(s) in taking possession within the period stipulated herein where such delay is through no default of the Promoter, the Allottee(s) shall be liable to pay the Promoter holding charges of Rs. 50,000 per month, which includes but is not limited to charges for looking after the AptSale Proceeds., advancing payment towards utility bills, insurance premium and any expenditure on the Allottee(s) behalf and keeping the Apt. in a good, habitable repair and condition. This holding charge shall be applicable from the date of the notification specified in clause 3.2 above till the date on which the Allottee(s) finally takes possession. This holding period shall not exceed 60 days and if the Allottee(s) does not take possession for a period within 60 days, he/her/they shall be deemed to have committed a terminable breach of the Agreement and the Promoter shall be at liberty to terminate this Agreement in the manner provided for herein.

Failure to Take Possession. Upon receiving a written intimation from If the Promoter as per clause 3.2 above, the Allottee(s) shall Allottee/s fails to take possession of the Apt. Said Flat within the stipulated period of this agreement from the Promoter by executing necessary documentation promoter, the Allottee/s shall be liable to municipal tax and other outgoings fallen due on and from the date of possession along with further amount of Rs. 10000/- per month as prescribed guarding charges for the period of delay in this Agreement taking possession. The Date of Possession shall always be deemed to be the date which comes on expire of the period of Notice for delivery of possession. (a) The Apartment/Unit shall be at the sole risk and cost of the Allottee and the Promoter shall give possession have no liability or concern thereof; (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the AptApartment/Unit and the Common Areas on and from the Deemed Possession date/Possession Date; (c) The Allottee shall become liable to pay interest on defaults and guarding charges on and from Deemed possession. The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the Allottee(s)same: - To the discontinuance of supply of electricity to the Said Unit. - Restriction on club facilities; - Restricted supply of Garbage Bags and from collection of the same; - To the discontinuance of water supply; - Restricted for electro-mechanical services i.e electrician, plumber, intercom services; - Restricted from granting Leave and License or tenancy; - Restricted from Booking of Community Hall / Banquet Hall; - Restricted from being member of any committee; - Restricted entry of servants and maid servants; - Restricted entry at gate; - Inspection of Unit by representative of Allottee restricted; - Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors; - To discontinuance of the facility of DG Power back-up; - To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If for any reason(s) attributable to the Allottee(s) above, arrears on this account exceeds a sum of Rs.50,000/- in such event the Allottee(s) isPromoter/are unable to or does not take possession of the Apt. within the specified period/dates following the Stipulated Completion Date or the earlier completion date provided for in clause 3.5 above, Association as the case may be, shall have the Promoter may at its discretion and subject to its rights under Applicable Law agree on another date for the Allottee(s) right to take appropriate steps for putting up the said Apartment/Unit on Sale and realize the arrears from the Sale Proceeds. he/she/they shall not be entitled to refuse to take the possession of the Aptsaid Apartment/Unit on the ground of non completion of aforesaid common amenities if the said Apartment/Unit has received the Completion Certificate and the non-completion of the aforesaid common amenities does not affect his use or occupation of his Unit and he can reside in the Said Unit. however However if the Allottee(s) shall nevertheless and notwithstanding his/her/their inability Promoter is not allowed by the Allottee or failure to take possession as specified herein, be bound, liable and obliged any person on his behalf to complete the full payment of all amounts payable under this Agreement within 15 days of notification remaining portion of the Stipulated Completion Date or the Date of Earlier Completionwork, as the case may be and shall continue to be liable to pay maintenance charges as applicable, including all Government rates, taxes, charges, interest on delay and all other outgoings and expenses of and incidental to the management and maintenance of the Project and the Buildings thereon, with effect from the date of the written intimation. In the event of any delay by the Allottee(s) in taking possession within the period stipulated herein where such delay is through no default of the Promoter, the Allottee(s) shall be liable to pay the Promoter holding charges of Rs. 50,000 per month, which includes but is not limited to charges for looking after the Apt., advancing payment towards utility bills, insurance premium and any expenditure on the Allottee(s) behalf and keeping the Apt. in a good, habitable repair and condition. This holding charge shall be applicable from the date of the notification specified in clause 3.2 above till the date on which the Allottee(s) finally takes possession. This holding period shall not exceed 60 days and if the Allottee(s) does not take possession for a period within 60 days, he/her/they it shall be deemed to have committed a terminable breach been done as and against the Promoter and the Allottee shall be liable to indemnify the Promoter for any losses which the Promoter may suffer for such acts of the Agreement and the Promoter shall be at liberty to terminate this Agreement in the manner provided for hereinAllottee.

Failure to Take Possession. Upon receiving a written intimation from If the Promoter as per clause 3.2 above, the Allottee(s) shall Allottee/s fails to take possession of the Apt. Said Flat within the stipulated period of this agreement from the Promoter by executing necessary documentation promoter, the Allottee/s shall be liable to municipal tax and other outgoings fallen due on and from the date of possession along with further amount of Rs. 10000/- per month as prescribed guarding charges for the period of delay in this Agreement taking possession. The Date of Possession shall always be deemed to be the date which comes on expire of the period of Notice for delivery of possession. (a) The Apartment/Unit shall be at the sole risk and cost of the Allottee and the Promoter shall give possession have no liability or concern thereof; (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the AptApartment/Unit and the Common Areas on and from the Deemed Possession date/Possession Date; (c) The Allottee shall become liable to pay interest on defaults and guarding charges on and from Deemed possession. The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the Allottee(s)same: - To the discontinuance of supply of electricity to the Said Unit. - Restricted supply of Garbage Bags and from collection of the same; - To the discontinuance of water supply; - Restricted for electro-mechanical services i.e electrician, plumber, intercom services; - Restricted from granting Leave and License or tenancy; - Restricted from being member of any committee; - Restricted entry of servants and maid servants; - Restricted entry at gate; - Inspection of Unit by representative of Allottee restricted; - Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors; - To discontinuance of the facility of DG Power back-up, if any; The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If for any reason(s) attributable to the Allottee(s) above, arrears on this account exceeds a sum of Rs.50,000/- in such event the Allottee(s) isPromoter/are unable to or does not take possession of the Apt. within the specified period/dates following the Stipulated Completion Date or the earlier completion date provided for in clause 3.5 above, Association as the case may be, shall have the Promoter may at its discretion and subject to its rights under Applicable Law agree on another date for the Allottee(s) right to take possession of appropriate steps for putting up the Apt. however said Apartment/Unit on Sale and realize the Allottee(s) shall nevertheless and notwithstanding his/her/their inability or failure to take possession as specified herein, be bound, liable and obliged to complete the full payment of all amounts payable under this Agreement within 15 days of notification of the Stipulated Completion Date or the Date of Earlier Completion, as the case may be and shall continue to be liable to pay maintenance charges as applicable, including all Government rates, taxes, charges, interest on delay and all other outgoings and expenses of and incidental to the management and maintenance of the Project and the Buildings thereon, with effect arrears from the date of the written intimation. In the event of any delay by the Allottee(s) in taking possession within the period stipulated herein where such delay is through no default of the Promoter, the Allottee(s) shall be liable to pay the Promoter holding charges of Rs. 50,000 per month, which includes but is not limited to charges for looking after the AptSale Proceeds., advancing payment towards utility bills, insurance premium and any expenditure on the Allottee(s) behalf and keeping the Apt. in a good, habitable repair and condition. This holding charge shall be applicable from the date of the notification specified in clause 3.2 above till the date on which the Allottee(s) finally takes possession. This holding period shall not exceed 60 days and if the Allottee(s) does not take possession for a period within 60 days, he/her/they shall be deemed to have committed a terminable breach of the Agreement and the Promoter shall be at liberty to terminate this Agreement in the manner provided for herein.