Common use of Major Alteration/ Modification Clause in Contracts

Major Alteration/ Modification. In case of any major alteration/ modification resulting in excess of 10% change in the Carpet Area of the Unit in the sole opinion of the Vendor/Developer any time prior to and upon the grant of occupation certificate, the Developer/Vendor shall intimate the Vendee in writing the changes thereof and the resultant change, if any, in the Sale Price of the Unit to be paid by him/ her and the Vendee agrees to deliver to the Developer/Vendor in writing his/ her 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 Vendee shall be deemed to have given his/ her full consent to all such alterations/modifications and for payments, if any, to be paid in consequence thereof. If the written notice of the Vendee is received by the Vendor/Developer within thirty (30) days of intimation in writing by the Vendor/Developer indicating his/ her non-consent/objections to such alterations/ modifications as intimated by the Vendor/Developer to the Vendee, then in such case alone this Agreement shall stand cancelled/terminated without further notice and the Vendor/Developer shall refund the money received from the Vendee after deducting the brokerage, if any paid/committed within sixty (60) days from the date of intimation received by the Vendor/Developer from the Vendee. On payment of the money after making such deductions as stated above the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. In such a situation, the Vendor shall have an absolute and unfettered right to allot, transfer, sell and assign the Unit and all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of any outstanding amount payable by the Vendor to the Vendee the Vendee shall have no right, lien or charge on the Unit in respect of which refund as contemplated by this clause is payable.

Appears in 2 contracts

Samples: Buyers Agreement, Unit Buyers Agreement

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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 Carpet Area super area of the Unit 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 Vendor/Developer at any time prior to and and/ or upon the grant handing over of occupation certificatethe possession of the Apartment to the Allottee, the Developer/Vendor Developer shall intimate the Vendee Allottee in writing the changes thereof and the resultant change, if any, in the Sale Price price of the Unit Apartment to be paid by him/ her and or refunded to him by the Vendee Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee agrees to deliver to inform the Developer/Vendor in writing Developer 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 Vendee Allottee 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 the Vendee Allottee is received by the Vendor/Developer within thirty (30) days of intimation in writing by the Vendor/Developer stipulated time indicating his/ her non-consent/rejection / non- consent/ objections to such alterations/ alternations/ modifications as intimated by the Vendor/Developer to the VendeeAllottee, 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 Vendee after deducting the Allottee excluding interests on delayed payments and non-refundable amounts (such as brokerage, if any paid/committed service tax, etc) with simple interest @ 8% per annum within sixty (60) days from the date of intimation received by the Vendor/Developer from the Vendee. On payment Allottee and upon dispatch of such refund by registered post, the money after making such deductions as stated above the Vendor Developer shall be released and discharged from all its obligations and liabilities under this Agreement. In such a situation, Agreement and the Vendor shall have an absolute Allottee agrees and unfettered right authorizes the Developer to allot, transfer, sell resell or deal with the said Apartment and assign the Unit and all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of parking space thereafter in any outstanding amount payable by manner whatsoever at the Vendor to the Vendee the Vendee shall have no right, lien or charge on the Unit in respect of which refund as contemplated by this clause is payableDeveloper’s sole discretion.

Appears in 2 contracts

Samples: Apartment Buyers Agreement, Apartment Buyers Agreement

Major Alteration/ Modification. In case of any major alteration/ modification resulting in excess of 10% change in the Carpet Super Area of the Unit in the sole opinion of the Vendor/Developer any time prior to and upon the grant of occupation certificate, the Developer/Vendor shall intimate the Vendee in writing the changes thereof and the resultant change, if any, in the Sale Price of the Unit to be paid by him/ her and the Vendee agrees to deliver to the Developer/Vendor in writing his/ her 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 Vendee shall be deemed to have given his/ her full consent to all such alterations/modifications and for payments, if any, to be paid in consequence thereof. If the written notice of the Vendee is received by the Vendor/Developer within thirty (30) days of intimation in writing by the Vendor/Developer indicating his/ her non-consent/objections to such alterations/ modifications as intimated by the Vendor/Developer to the Vendee, then in such case alone this Agreement shall stand cancelled/terminated without further notice and the Vendor/Developer shall refund the money received from the Vendee after deducting the brokeragebrokerage and/or any Taxes thereon, if any paid/committed within sixty (60) days from the date of intimation received by the Vendor/Developer from the Vendee. On payment of the money after making such deductions as stated above the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. In such a situation, the Vendor shall have an absolute and unfettered right to allot, transfer, sell and assign the Unit and all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of any outstanding amount payable by the Vendor to the Vendee the Vendee shall have no right, lien or charge on the Unit in respect of which refund as contemplated by this clause is payable.. Vendor 16 Vendee

Appears in 1 contract

Samples: Unit Buyers 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 plus/ minus (±) 10% change in the Carpet Area super area of the Unit 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 Vendor/Developer at any time prior to and and/ or upon the grant handing over of occupation certificatethe possession of the Apartment to the Allottee, the Developer/Vendor Developer shall intimate the Vendee Allottee in writing the changes thereof and the resultant change, if any, in the Sale Price price of the Unit Apartment to be paid by him/ her and or refunded to him by the Vendee Developer as the case may be (without any interest) at the rate prevailing at the time of offer of possession. The Allottee agrees to deliver to inform the Developer/Vendor in writing Developer 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 Vendee Allottee 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 the Vendee Allottee is received by the Vendor/Developer within thirty (30) days of intimation in writing by the Vendor/Developer stipulated time indicating his/ her rejection / non-consent/consent/ objections to such alterations/ alternations/ modifications as intimated by the Vendor/Developer to the VendeeAllottee, 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 Vendee after deducting the Allottee excluding interests on delayed payments and non- refundable amounts (such as brokerage, if any paid/committed service tax, etc) with simple interest @ 8% per annum within sixty (60) days from the date of intimation received by the Vendor/Developer from the Vendee. On payment Allottee and upon dispatch of such refund by registered post, the money after making such deductions as stated above the Vendor Developer shall be released and discharged from all its obligations and liabilities under this Agreement. In such a situation, Agreement and the Vendor shall have an absolute Allottee agrees and unfettered right authorizes the Developer to allot, transfer, sell resell or deal with the said Apartment and assign the Unit and all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of parking space thereafter in any outstanding amount payable by manner whatsoever at the Vendor to the Vendee the Vendee shall have no right, lien or charge on the Unit in respect of which refund as contemplated by this clause is payableDeveloper’s sole discretion.

Appears in 1 contract

Samples: Builder Buyers Agreement

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Major Alteration/ Modification. In case of any major alteration/ modification resulting in excess of 10% change in the Carpet Super Area of the Unit Flat in the sole opinion of the Vendor/Developer Vendor any time prior to and upon the grant of occupation certificate, the Developer/Vendor shall intimate the Vendee in writing the changes thereof and the resultant change, if any, in the Sale Price of the Unit Flat to be paid by him/ her and the Vendee agrees to deliver to the Developer/Vendor in writing his/ her consent or objections to the changes within thirty (30) days from the date of dispatch despatch by the Vendor/Developer Vendor of such notice failing which the Vendee shall be deemed to have given his/ her full consent to all such alterations/modifications and for payments, if any, to be paid in consequence thereof. If the written notice of the Vendee is received by the Vendor/Developer Vendor within thirty (30) days of intimation in writing by the Vendor/Developer Vendor indicating his/ her non-consent/objections to such alterations/ modifications as intimated by the Vendor/Developer Vendor to the Vendee, then in such case alone this Agreement shall stand cancelled/terminated be cancelled without further notice and the Vendor/Developer Vendor shall refund the money received from the Vendee after deducting the brokerage, if any paid/committed Xxxxxxx Money within sixty (60) days from the date of intimation received by the Vendor/Developer Vendor from the Vendee. On payment of the money after making such deductions as stated above the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. In such a situation, the Vendor shall have an absolute and unfettered right to allot, transfer, sell and assign the Unit Flat and all attendant rights and liabilities to a third party. It being specifically agreed that irrespective of any outstanding amount payable by the Vendor to the Vendee the Vendee shall have no right, lien or charge on the Unit Flat in respect of which refund as contemplated by this clause is payable.

Appears in 1 contract

Samples: Buyer's Agreement

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