Further Construction. Tenant acknowledges that Landlord may, from time to time, at its sole election, construct (including, without limitation, additional buildings), reconstruct, improve (including tenant improvements), modify, expand, or otherwise alter the Project (collectively, “Construction Work”), or portions thereof (in no event however will Landlord have any obligation to do so). Tenant acknowledges that any such Construction Work will necessarily involve, among other things, the generation of noise, dust, and vibrations, barricading portions of the Project and the placement of scaffolding within the Project, demolition, structural alterations, storage of materials and equipment within the Project, and the presence of workmen within the Project, all of which may require the rearrangement of the Common Areas, including, without limitation, landscaping, parking areas, roadways, lighting facilities, and the re-direction of vehicular and pedestrian traffic. Except as provided below, Tenant waives any and all claims, defenses, rights of offset, or deductions based upon any inconvenience suffered by Tenant or any interruption of or interference with Tenant’s business including, without limitation, any loss of business, decreased sales, or inconvenience to Tenant or Tenant’s Invitees as a result of or relating to such Construction Work. Landlord hereby reserves for itself and its agents, employees, licensees and contractors, the right to enter the Premises to the extent reasonably necessary to pursue such Construction Work upon 24 hours’ prior notice to Tenant. The exercise of any of Landlord’s rights pursuant to this Paragraph will not entitle Tenant to any abatement of Rent or other claim, right of offset, or defense against Landlord, except that (i) Tenant shall have the right to bring an action against Landlord (as Tenant’s sole remedy) in the event Tenant suffers any damages as a result of Landlord’s gross negligence or intentional misconduct in pursuing such Construction Work, and (ii) if such Construction Work results in Tenant being unable to access the Premises, or portions thereof, for the Permitted Use for a period of greater than ten business days, Tenant shall be entitled to equitable abatement of the Rent for such period of time during which it is unable to access the Premises. Tenant further acknowledges that expansion of the Project may affect the amount of the Lease Expenses and the portion thereof payable by Tenant.
Further Construction. Landlord shall have the right, but not the obligation, to construct an expansion or additional phase of the Building (an “Addition”). If Landlord elects to construct an Addition, Tenant shall cooperate with Landlord in connection with Landlord’s plans to construct the Addition and the construction of the Addition, and neither Tenant nor any of its Invitees shall take any action which will interfere with such plans or construction. Without limiting the generality of the foregoing, Tenant agrees to provide (at no cost to Tenant) such assistance and cooperation as Landlord may request, from time to time, in order for Landlord to timely obtain all licenses, permits, approvals and certificates of occupancy as may be necessary and/or appropriate in connection with an Addition. Landlord shall plan the construction of any Addition and related staging in a manner reasonable under the circumstances to minimize any material interference with Tenant’s access to and/or use of the Premises during the performance of such construction, which planning shall include reasonable advance written notice (at least two Business Days in the case of interruptions to power or other utilities) to Tenant of Landlord’s construction activities which are likely to disturb Tenant’s ongoing experiments or lab work in the Premises to facilitate the taking of protective steps by Tenant. Tenant acknowledges that, from time to time, dust, noise, vibrations and interruptions to power and other utilities (including water and sewer) and/or inability to maintain the temperature in the Building at customary levels may, among other construction-related interference, occur on a temporary basis in connection with the construction of an Addition. Tenant is responsible to safeguard, insure and protect adequately its property (including any sensitive electronic equipment and computers) during the construction process and Landlord shall not be liable to Tenant for any direct or indirect damage or loss suffered by Tenant as a result of Landlord’s construction activities provided that they are undertaken in a manner consistent with this Section. Tenant shall notify Landlord if any such construction-related interference should occur. Upon receipt of written notice from Tenant, Landlord shall undertake those measures reasonable under the circumstances to minimize any material interference with Tenant’s access and/or use of the Premises during the performance of any such construction by Landlord. Tenant shall ...
Further Construction. Obtaining all necessary permissions and sanctions therefore, the Developer may make further and/or additional constructions at the Building by adding further floors to it or otherwise and even if such Construction is carried out after possession of the Composite Unit has been handed over to the Purchaser, the Purchaser shall not be entitled to raise any objection of whatsoever nature including without limitation any inconvenience caused for storing building materials at the Premises or the men, servants and/or agents of the Developer using any part or portion of the Common Portions including without limitation the staircase and water from the reservoir or the overhead tank.
Further Construction. The Licensee shall not construct any buildings, structure or improvements in the License Area.
Further Construction. Obtaining all necessary permissions and sanctions therefore, the Developer may make further and/or additional constructions at the Building by adding further floor to it or otherwise and even if such Construction is carried out after registration of the Composite Unit and possession has been handed over to the Purchaser, the Purchaser shall not be entitled to raise any objection of whatsoever nature including without limitation any inconvenience caused for storing building materials at the Premises or the men, servants and/or agents of the Developer using any part or portion of the Common Portions including without limitation the staircase and water from the reservoir or the overhead tank. Purchasers shall not be entitled to claim their right over the additional constructed floor or any unit/units situated on the said additional floor.
Further Construction. Obtaining all necessary permissions and sanctions therefor, the Developer may make further and/or additional constructions at the Building by adding further floors to it or otherwise and even if such Construction is carried out after possession of the Composite Unit has been handed over to the Purchasers, the Purchasers shall not be entitled to raise any objection of whatsoever nature including without limitation any inconvenience caused for storing building materials at the Premises or the men,
Further Construction. (i) The whole property is being developed in phase by phase manner by constructing multiples building thereon. The Developer/Vendor shall be entitled to develop the rest of the property as deem fit by the Developer/Vendor in accordance with the approvals and permissions as issued from time to time and the Purchaser(s) herein has agreed to purchase the said unit/flat based on such unfettered rights of the Developer/Vendor in this regard.
(ii) The Developer/Vendor has already informed the Purchaser(s) that there will be common access road, street lights, common recreation space, passages, electricity, telephone, cables, water lines, gas pipe lines, sewerage and drainage lines, sewerage treatment plant and other common amenities and conveniences which will be in common with the whole Schedule ‘‘A’’ property and the Purchaser(s) alongwith other flat owners of the whole project shall share such expenses and charges as also maintenance charges proportionately. Such proportionate charges shall be payable by each flat owners including the Purchaser(s) herein and the proportionate charge that is to be paid shall be determined by the Developer/Vendor and the Purchaser(s) agrees to pay the same regularly without raising any dispute or objection with regard thereto.
(iii) The Developer/Vendor has presently contemplated to develop the proposed adjoining land and shall be entitled to amalgamate the rest of the property with proposed adjoining land or otherwise and may also develop such lands in phase by phase manner. The Purchaser(s) hereby irrevocably express his/her/its/ their consent to the Developer/Vendor for carrying out such amendments, alterations, modifications, improvisation or variation in the said building for the purpose of construction by the Developer/Vendor so long as the total area of the said unit/flat and the specifications, amenities, fixtures and fittings attached thereto are not decreased or hampered. This consent of the Purchaser(s) shall be considered and contemplated under the relevant provision West Bengal Real Estate Regulatory Authority (WBRERA) under The Real Estate (Regulation and Development) Act, 2016 as amended. The Purchaser(s) shall not raise any objection or cause any hindrance in such development or construction by the Developer/Vendor on grounds of noise or air pollution, inconvenience, annoyance, old age or otherwise on the ground that the atmosphere, light, air and/or ventilation to the said flat and/or in the said building being ...
Further Construction. (a) The Landlord reserves the right at any time to construct or permit the construction of any buildings or works on any part or parts of the Estate (excluding the Premises) and to add to or permit to be added to (whether by the construction of additional storeys or in any other manner) and to vary, alter or reduce or permit to be varied, altered or reduced any buildings, erections, improvements or works in or on the Estate (including the Building) at any time and from time to time as the Landlord sees fit. The Landlord further reserves the right to vary, modify or relocate any part or parts of the Common Areas resulting from the construction of any buildings or works or otherwise.
(b) Subject to clause 11.10(c), the Tenant acknowledges that it is not entitled to and will not make any Claim for an injunction, damages, rent abatement or compensation arising out of the construction of any building, any works or operations associated with alterations and additions or dust, noise, the imposition of access restrictions or other inconvenience or disturbance to the Tenant or the Tenant’s Business which might arise from any alterations and additions.
(c) The Landlord must use its reasonable endeavours to ensure that the construction of any building, any works or operations associated with alterations and additions or dust, noise, the imposition of access restrictions or other undue inconvenience is minimised so that no material disruption is caused to the Tenant or the Tenant’s Business.
(d) The Landlord agrees that any increase in Outgoings payable by the Tenant as a result of further construction pursuant to this clause will be capped at 10% increase from the Outgoings payable in the Outgoings Year immediately preceding the further construction being completed.
Further Construction. Manager shall require all subcontractors to similarly incorporate such terms into their sub-subcontracts.
Further Construction. (a) Subject to the Landlord complying with its obligations under clause 12.13(b) in respect of any such works the Landlord reserves the right at any time to:
(i) construct or permit the construction of any buildings or works on any part or parts of the Estate (excluding the Premises) and to add to or permit to be added to (whether by the construction of additional storeys or in any other manner) and to vary, alter or reduce or permit to be varied, altered or reduced any buildings, erections, improvements or works in or on the Estate (including the Building) at any time and from time to time as the Landlord sees fit; and
(ii) vary, modify or relocate any part or parts of the Common Areas resulting from the construction of any buildings or works or otherwise.
(b) The Landlord must use all reasonable endeavours to ensure that the construction of any building, any works or operations associated with such alterations and additions including dust, noise, the imposition of access restrictions or other undue inconvenience is minimised so that no material disruption is caused to the Tenant or the Tenant’s Business.
