MAINTENANCE OF THE SAID TOWER/APARTMENT/PROJECT. i) The Promoter shall be responsible to provide and maintain essential services in the said Project till the taking over of the maintenance of the said Project by the association of Allottee(s)s subject to its formation and registration upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Price of the Apartment on the basis that the Association shall be formed within a period of 30 days from the date of Completion Certificate. ii) In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottee(s)s shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals. iii) During the interim maintenance period between obtaining of the completion certificate of such Projectand formation, registration and operationalization of the Association the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas. iv) The Promoter shall endeavour that the committee responsible for the maintenance and operation of the Common Areas will be required to provide manpower for maintaining the Common Areas, wherever required, and to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis ,if any. v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. vi) The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas shall during the interim maintenance period shall be framed by the Promoter with such restrictions as may be necessary for proper maintenance and all the Allottee(s)are bound to follow the same. vii) After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter, with or without amendments, as may be deemed necessary by the Association. viii) The Common Areas of the said Project shall be handed over to the Association upon formation of such association (the “Association”). ix) The Allottee(s) will be required to complete the formalities of becoming a member of the Association and also to comply with the Rules and Bye- laws of the Association. x) The Promoter shall at an appropriate time within a maximum period of 30 days from the date of completion certificate of the said Project notify the detailed scheme of formation of the Association to the Allottee(s) (as also to all other Allottee(s)s of other apartments of Project) in accordance with applicable laws so as to enable them to constitute/form such Association. xi) As and when any plant and machinery, including but not limited to, DG sets, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up- gradation, additions etc. the cost thereof shall be contributed by all the apartment acquirers in the project on pro-rata basis as specified by the Association. The Promoter and upon formation the Association shall have the sole authority to decide the necessity of such replacement, up- gradation, additions etc. including its timings or cost thereof and the Allottee(s) agrees to abide by the same. xii) The Allottee(s)has/have also agreed to perform and observe terms and conditions covenants stipulations and obligations for the use and occupation of the said apartment which will appear in detail in the Agreement for Facility and Maintenance charges to be executed at or prior to the commencement of liability.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
MAINTENANCE OF THE SAID TOWER/APARTMENT/PROJECT. i) The Promoter shall be responsible to provide and maintain essential services in the said Project till the taking over of the maintenance of the said Project by the association of Allottee(s)s First party(s)s subject to its formation and registration upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Price of the Apartment on the basis that the Association shall be formed within a period of 30 days from the date of Completion Certificate.
ii) In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottee(s)s First party(s)s shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
iii) During the interim maintenance period between obtaining of the completion certificate of such Projectand formation, registration and operationalization of the Association the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas.
iv) The Promoter shall endeavour that the committee responsible for the maintenance and operation of the Common Areas will be required to provide manpower for maintaining the Common Areas, wherever required, and to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay ―pay by use” use‖ basis ,if any.
v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s AMC‘s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project.
vi) The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas shall during the interim maintenance period shall be framed by the Promoter with such restrictions as may be necessary for proper maintenance and all the Allottee(s)are First party(s)are bound to follow the same.
vii) After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter, with or without amendments, as may be deemed necessary by the Association.
viii) The Common Areas of the said Project shall be handed over to the Association upon formation of such association (the “Association”―Association‖).
ix) The Allottee(sFirst party(s) will be required to complete the formalities of becoming a member of the Association and also to comply with the Rules and Bye- Bye-laws of the Association.
x) The Promoter shall at an appropriate time within a maximum period of 30 days from the date of completion certificate of the said Project notify the detailed scheme of formation of the Association to the Allottee(sFirst party(s) (as also to all other Allottee(s)s First party(s)s of other apartments of Project) in accordance with applicable laws so as to enable them to constitute/form such Association.
xi) As and when any plant and machinery, including but not limited to, DG sets, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up- gradation, additions etc. the cost thereof shall be contributed by all the apartment acquirers in the project on pro-rata basis as specified by the Association. The Promoter and upon formation the Association shall have the sole authority to decide the necessity of such replacement, up- gradation, additions etc. including its timings or cost thereof and the Allottee(sFirst party(s) agrees to abide by the same.
xii) The Allottee(s)hasFirst party(s)has/have also agreed to perform and observe terms and conditions covenants stipulations and obligations for the use and occupation of the said apartment which will appear in detail in the Agreement for Facility and Maintenance charges to be executed at or prior to the commencement of liability.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID TOWER/APARTMENT/PROJECT. i) The Promoter shall be responsible to provide and maintain essential services in the said Project till the taking over of the maintenance of the said Project by the association of Allottee(s)s subject to its formation and registration upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Price of the Apartment on the basis that the Association shall be formed within a period of 30 days from the date of Completion Certificate.
ii) In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottee(s)s shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
iii) During the interim maintenance period between obtaining of the completion certificate of such Projectand formation, registration and operationalization of the Association the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas.
iv) The Promoter shall endeavour that the committee responsible for the maintenance and operation of the Common Areas will be required to provide manpower for maintaining the Common Areas, wherever required, and to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis ,if any.
v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project.
vi) The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas shall during the interim maintenance period shall be framed by the Promoter with such restrictions as may be necessary for proper maintenance and all the Allottee(s)are bound to follow the same.
vii) After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter, with or without amendments, as may be deemed necessary by the Association.
viii) The Common Areas of the said Project shall be handed over to the Association upon formation of such association (the “Association”).
ix) The Allottee(s) will be required to complete the formalities of becoming a member of the Association and also to comply with the Rules and Bye- laws of the Association.
x) The Promoter shall at an appropriate time within a maximum period of 30 days from the date of completion certificate of the said Project notify the detailed scheme of formation of the Association to the Allottee(s) (as also to all other Allottee(s)s of other apartments of Project) in accordance with applicable laws so as to enable them to constitute/form such Association.
xi) As and when any plant and machinery, including but not limited to, DG sets, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up- gradation, additions etc. the cost thereof shall be contributed by all the apartment acquirers in the project on pro-rata basis as specified by the Association. The Promoter and upon formation the Association shall have the sole authority to decide the necessity of such replacement, up- gradation, additions etc. including its timings or cost thereof and the Allottee(s) agrees to abide by the same.
xii) The Allottee(s)has/have also agreed to perform and observe terms and conditions covenants stipulations and obligations for the use and occupation of the said apartment which will appear in detail in the Agreement for Facility and Maintenance charges to be executed at or prior to the commencement of liability.
Appears in 1 contract
Samples: Sale Agreement
