Common use of Major Alteration/ Modification Clause in Contracts

Major Alteration/ Modification. It is agreed between the parties that increase / decrease in the super area of the said apartment upto ± 10%, the same shall be within the permissible limit and the price of the same shall be adjusted accordingly in the last installment. However, In case of any major alteration/ modification in case of any material alteration/ modification in the plans, designs, specifications, layout etc. resulting in excess of resulting in excess of plus/ minus (±) 10% change in the super area of the said Apartment or material/ substantial change in the specifications of the materials to be used in the Building/ Apartment in the sole opinion of the Developer at any time prior to and/ or upon the handing over of the possession of the Apartment to the Allottee, the Developer shall intimate the Allottee in writing the changes thereof and the resultant change, if any, in the price of the Apartment to be paid by him/ her or refunded to him by the Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee agrees to inform the Developer his/ her written consent or objections to the changes within thirty (30) days from the date of dispatch by the Developer of such notice failing which the Allottee shall be deemed to have given his/ her full and unconditional consent to all such alterations/ modifications and for payments, if any to be paid in consequence thereof. If the written notice of Allottee is received by the Developer within the stipulated time indicating his/ her rejection / non- consent/ objections to such alternations/ modifications as intimated by the Developer to the Allottee, then, in such case alone the Developer may at its sole option and discretion decide to cancel this Agreement without further notice and in such event the Developer shall refund the entire money received from the Allottee excluding interests on delayed payments and non-refundable amounts (such as brokerage, service tax, etc) with simple interest @ 8% per annum within sixty (60) days from the date of intimation received by the Developer from the Allottee and upon dispatch of such refund by registered post, the Developer shall be released and discharged from all its obligations and liabilities under this Agreement and the Allottee agrees and authorizes the Developer to resell or deal with the said Apartment and the parking space thereafter in any manner whatsoever at the Developer’s sole discretion.

Appears in 2 contracts

Samples: Apartment Buyers Agreement, Apartment Buyers Agreement

AutoNDA by SimpleDocs

Major Alteration/ Modification. It is agreed between the parties that increase / decrease in the super area of the said apartment upto ± 10%, the same shall be within the permissible limit and the price of the same shall be adjusted accordingly in the last installment. However, In case of any major alteration/ modification in case of any material alteration/ modification in the plans, designs, specifications, layout etc. resulting in excess of resulting in excess of plus/ minus (±) 10% change in the super area Carpet Area of the said Apartment or material/ substantial change in the specifications of the materials to be used in the Building/ Apartment Unit in the sole opinion of the Vendor/Developer at any time prior to and/ or and upon the handing over grant of the possession of the Apartment to the Allotteeoccupation certificate, the Developer Developer/Vendor shall intimate the Allottee Vendee in writing the changes thereof and the resultant change, if any, in the price Sale Price of the Apartment Unit to be paid by him/ her or refunded to him by and the Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee Vendee agrees to inform deliver to the Developer Developer/Vendor in writing his/ her written consent or objections to the changes within thirty (30) days from the date of dispatch by the Vendor/Developer of such notice failing which the Allottee Vendee shall be deemed to have given his/ her full and unconditional consent to all such alterations/ alterations/modifications and for payments, if any any, to be paid in consequence thereof. If the written notice of Allottee the Vendee is received by the Vendor/Developer within thirty (30) days of intimation in writing by the stipulated time Vendor/Developer indicating his/ her rejection / non- consent/ non-consent/objections to such alternations/ alterations/ modifications as intimated by the Vendor/Developer to the AllotteeVendee, then, then in such case alone the Developer may at its sole option and discretion decide to cancel this Agreement shall stand cancelled/terminated without further notice and in such event the Vendor/Developer shall refund the entire money received from the Allottee excluding interests on delayed payments and non-refundable amounts (such as Vendee after deducting the brokerage, service tax, etc) with simple interest @ 8% per annum if any paid/committed within sixty (60) days from the date of intimation received by the Vendor/Developer from the Allottee and upon dispatch Vendee. On payment of the money after making such refund by registered post, deductions as stated above the Developer Vendor shall be released and discharged from all its obligations and liabilities under this Agreement Agreement. In such a situation, the Vendor shall have an absolute and unfettered right to allot, transfer, sell and assign the Allottee agrees Unit and authorizes all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of any outstanding amount payable by the Developer Vendor to resell the Vendee the Vendee shall have no right, lien or deal with charge on the said Apartment and the parking space thereafter Unit in any manner whatsoever at the Developer’s sole discretionrespect of which refund as contemplated by this clause is payable.

Appears in 2 contracts

Samples: Unit Buyer's Agreement, Unit Buyer's Agreement

Major Alteration/ Modification. It is agreed between the parties that increase / decrease in the super area of the said apartment upto ± 10%, the same shall be within the permissible limit and the price of the same shall be adjusted accordingly in the last installment. However, In case of any major alteration/ modification in case of any material alteration/ modification in the plans, designs, specifications, layout etc. resulting in excess of resulting in excess of plus/ minus (±) 10% change in the super area Super Area of the said Apartment or material/ substantial change in the specifications of the materials to be used in the Building/ Apartment Flat in the sole opinion of the Developer at Vendor any time prior to and/ or and upon the handing over grant of the possession of the Apartment to the Allotteeoccupation certificate, the Developer Vendor shall intimate the Allottee Vendee in writing the changes thereof and the resultant change, if any, in the price Sale Price of the Apartment Flat to be paid by him/ her or refunded to him by and the Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee Vendee agrees to inform deliver to the Developer Vendor in writing his/ her written consent or objections to the changes within thirty (30) days from the date of dispatch despatch by the Developer Vendor of such notice failing which the Allottee Vendee shall be deemed to have given his/ her full and unconditional consent to all such alterations/ alterations/modifications and for payments, if any any, to be paid in consequence thereof. If the written notice of Allottee the Vendee is received by the Developer Vendor within thirty (30) days of intimation in writing by the stipulated time Vendor indicating his/ her rejection / non- consent/ non-consent/objections to such alternations/ alterations/ modifications as intimated by the Developer Vendor to the AllotteeVendee, then, then in such case alone the Developer may at its sole option and discretion decide to cancel this Agreement shall be cancelled without further notice and in such event the Developer Vendor shall refund the entire money received from the Allottee excluding interests on delayed payments and non-refundable amounts (such as brokerage, service tax, etc) with simple interest @ 8% per annum Vendee after deducting Xxxxxxx Money within sixty (60) days from the date of intimation received by the Developer Vendor from the Allottee and upon dispatch Vendee. On payment of such refund by registered post, the Developer money after making deductions as stated above the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement Agreement. In such a situation, the Vendor shall have an absolute and unfettered right to allot, transfer, sell and assign the Allottee agrees Flat and authorizes all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of any outstanding amount payable by the Developer Vendor to resell the Vendee the Vendee shall have no right, lien or deal with charge on the said Apartment and the parking space thereafter Flat in any manner whatsoever at the Developer’s sole discretionrespect of which refund as contemplated by this clause is payable.

Appears in 1 contract

Samples: Flat Buyer’s Agreement

Major Alteration/ Modification. It is agreed between the parties that increase / decrease in the super area of the said apartment upto ± 10%, the same shall be within the permissible limit and the price of the same shall be adjusted accordingly in the last installment. However, In case of any major alteration/ modification in case of any material alteration/ modification in the plans, designs, specifications, layout etc. resulting in excess of resulting in excess of plus/ minus (±) 10% change in the super area of the said Apartment or material/ substantial change in the specifications of the materials to be used in the Building/ Apartment in the sole opinion of the Developer at any time prior to and/ or upon the handing over of the possession of the Apartment to the Allottee, the Developer shall intimate the Allottee in writing the changes thereof and the resultant change, if any, in the price of the Apartment to be paid by him/ her or refunded to him by the Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee agrees to inform the Developer his/ her written consent or objections to the changes within thirty (30) days from the date of dispatch by the Developer of such notice failing which the Allottee shall be deemed to have given his/ her full and unconditional consent to all such alterations/ modifications and for payments, if any to be paid in consequence thereof. If the written notice of Allottee is received by the Developer within the stipulated time indicating his/ her rejection / non- non-consent/ objections to such alternations/ modifications as intimated by the Developer to the Allottee, then, in such case alone the Developer may at its sole option and discretion decide to cancel this Agreement without further notice and in such event the Developer shall refund the entire money received from the Allottee excluding interests on delayed payments and non-non- refundable amounts (such as brokerage, service tax, etc) with simple interest @ 8% per annum within sixty (60) days from the date of intimation received by the Developer from the Allottee and upon dispatch of such refund by registered post, the Developer shall be released and discharged from all its obligations and liabilities under this Agreement and the Allottee agrees and authorizes the Developer to resell or deal with the said Apartment and the parking space thereafter in any manner whatsoever at the Developer’s sole discretion.

Appears in 1 contract

Samples: Builder Buyers Agreement

AutoNDA by SimpleDocs

Major Alteration/ Modification. It is agreed between the parties that increase / decrease in the super area of the said apartment upto ± 10%, the same shall be within the permissible limit and the price of the same shall be adjusted accordingly in the last installment. However, In case of any major alteration/ modification in case of any material alteration/ modification in the plans, designs, specifications, layout etc. resulting in excess of resulting in excess of plus/ minus (±) 10% change in the super area Super Area of the said Apartment or material/ substantial change in the specifications of the materials to be used in the Building/ Apartment Unit in the sole opinion of the Vendor/Developer at any time prior to and/ or and upon the handing over grant of the possession of the Apartment to the Allotteeoccupation certificate, the Developer Developer/Vendor shall intimate the Allottee Vendee in writing the changes thereof and the resultant change, if any, in the price Sale Price of the Apartment Unit to be paid by him/ her or refunded to him by and the Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee Vendee agrees to inform deliver to the Developer Developer/Vendor in writing his/ her written consent or objections to the changes within thirty (30) days from the date of dispatch despatch by the Vendor/Developer of such notice failing which the Allottee Vendee shall be deemed to have given his/ her full and unconditional consent to all such alterations/ alterations/modifications and for payments, if any any, to be paid in consequence thereof. If the written notice of Allottee the Vendee is received by the Vendor/Developer within thirty (30) days of intimation in writing by the stipulated time Vendor/Developer indicating his/ her rejection / non- consent/ non-consent/objections to such alternations/ alterations/ modifications as intimated by the Vendor/Developer to the AllotteeVendee, then, then in such case alone the Developer may at its sole option and discretion decide to cancel this Agreement shall stand cancelled/terminated without further notice and in such event the Vendor/Developer shall refund the entire money received from the Allottee excluding interests on delayed payments and non-refundable amounts (such as brokerageVendee after deducting the brokerage and/or any Taxes thereon, service tax, etc) with simple interest @ 8% per annum if any paid/committed within sixty (60) days from the date of intimation received by the Vendor/Developer from the Allottee and upon dispatch Vendee. On payment of the money after making such refund by registered post, deductions as stated above the Developer Vendor shall be released and discharged from all its obligations and liabilities under this Agreement Agreement. In such a situation, the Vendor shall have an absolute and unfettered right to allot, transfer, sell and assign the Allottee agrees Unit and authorizes all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of any outstanding amount payable by the Developer Vendor to resell the Vendee the Vendee shall have no right, lien or deal with charge on the said Apartment and the parking space thereafter Unit in any manner whatsoever at the Developer’s sole discretion.respect of which refund as contemplated by this clause is payable. Vendor 16 Vendee

Appears in 1 contract

Samples: Unit Buyer's Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!