MANDATORY OBLIGATIONS OF THE PARTIES. No provision of this Agreement to sell shall be deemed to constitute a partnership or joint venture between the Parties No provision of this Agreement to sell shall constitute either Party as the legal Representative or agent of the other, nor shall either Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against, or in the name of, or on behalf of the other Party except as may be required for the purpose of execution of this agreement. Neither this Agreement to sell nor the rights or obligations hereunder shall be assigned or delegated, in whole or in part to any other third party or entity without the prior written consent thereto of the other Party. However, the Buyers shall at its discretion be entitled to call upon the Seller to execute the sale deed in respect of the said property in favour of any of its affiliates or nominees. However the parties affirm that the mutual rights and obligation under this agreement shall at all times remain that of the parties to this agreement. The failure of any Party to enforce, in any one or more instances, performance of any of the terms, covenants or conditions of this Agreement to sell shall not be construed as a waiver or a relinquishment of any right or claim granted or arising hereunder or of the future performance of any such term, covenant, or condition, and such failure shall in no way affect the validity of this Agreement to sell or the rights and obligations of the Parties hereto. The Parties acknowledge that a waiver of any term or provision hereof may only be given by a written instrument executed by any Party hereto. This Agreement to sell may be executed in two counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. It is agreed by the Seller and the Buyer that the Buyer shall get this Agreement registered with the Competent Authority as required under the Act, if required by law. The Buyer shall also bear all the cost of the Stamp Duty, Registration fee, Advocates fees and all miscellaneous expenses that may be incurred for such purposes. REPRESENTATIONS AND WARRANTIES Each party hereby represents and warrants to that: Each party has all required capacity and corporate authorization to enter into this Agreement and be bound by the obligations provided hereunder;
MANDATORY OBLIGATIONS OF THE PARTIES. (1) not disclose any Confidential Information to any person except to its employees or authorized agents who have a "need to know" to enable the Party to fulfill its obligations hereunder, except with the other Party’s specific prior written authorization;
(2) advise each such employee or agent before he or she receives direct or indirect access to such Confidential Information of the obligations of the Party under this Agreement, and ensure that each such person to whom Confidential Information is thus disclosed enters or has entered or is otherwise bound by a written confidentiality agreement which extends the Party’s obligations hereunder to such person;
(3) take strict precautions, at a minimum those as the Party affords its own most secret or highly confidential information, to safeguard and protect from direct or indirect disclosure to any other person all Confidential Information disclosed to it by the other Party, or otherwise received by it; and
(4) immediately return to the other Party or, upon the other Party’s written request destroy, all tangible materials concerning Confidential Information, including, but not limited, to memoranda, notes, reports, agreements, documents, drawings, hardware, disks and tapes, as well as all copies or extracts thereof, whether such material was made or compiled by the receiving Party or furnished by the disclosing Party.
(5) The foregoing obligations shall not apply to Confidential Information: (a) that becomes publicly known through no act of the receiving Party contrary to this Agreement; (b) that is received in good faith by a Party from a third party having legitimate possession of the information disclosed and the right to make such disclosure; (c) that was in the receiving Party’s legitimate possession prior to disclosure hereunder; (d) that is approved for disclosure by express written approval of the disclosing Party; or (e) that is disclosed pursuant to a legal requirement.
MANDATORY OBLIGATIONS OF THE PARTIES. In the event of the hiring being determined hereof, the hirer shall forthwith at his own risk and cost peaceably return the said furniture to the owner at the owner’s address for the time being and in the event of the hirer failing to do so, the owner may retake possession of the said furniture and for that purpose the owner himself, his servants or agents may enter upon any premises in which the said furniture is believed by the owner to be kept and the hirer shall pay to the owner the hire-purchase price of the goods less the aggregate of—
MANDATORY OBLIGATIONS OF THE PARTIES. On the Hirer exercising the option and paying the price of the machinery and equipment and other moneys as mentioned in clause 25 above to the Company the sale of the said machinery and equipment to the Hirer shall be deemed to be complete as on the date the option comes into operation. But until then, the Company will continue to be the owner thereof. If, however, the Hirer fails to pay the amount due and payable to the Company as aforesaid at or before the date from which the option is to become effective, this agreement shall stand terminated and the Hirer will return the machinery and equipment to the Company forthwith in good working condition as aforesaid. FEES AND EXPENSES The hire-purchase price of the said machinery and equipment fixed at Rs. [[Amount]] exclusive of the deposit amount mentioned in the next clause and the cost price fixed at Rs. [[Amount]] is accepted by both the parties hereto. The Hirer has paid to the Company on the execution of this agreement a sum of Rs. [[Amount]] as deposit or xxxxxxx which will be adjusted against the hire purchase price of the said machinery and equipment, if the Hirer exercises the option to purchase the same as hereinafter mentioned. If the Hirer does not exercise the said option or the agreement is terminated before the exercise of such option then the said amount of deposit will be returned to the Hirer by the Company on the expiration or sooner determination of this agreement, subject to deduction of any claim which the Company may have against the Hirer under or by virtue of this agreement or in law, including the cost price of the said machinery and equipment. During the pendency of this agreement the Hirer shall pay to the Company by equal monthly installments a sum of Rs. [[Amount]] as hire charges, in advance, the first of such payments to be made on the execution of this agreement and each subsequent monthly payment will be made on or before the [[Date]] day of such each succeeding month hereafter. The payment will be made at the registered office of the Company by cash only or by cheque in the name of the Company.
MANDATORY OBLIGATIONS OF THE PARTIES. The Developer will give and the Tenant will occupy a similar flat at ________ [[Address]]] with similar accommodation of about __________ sq. Ft. covered area at the monthly rent of ________ [[Amount in Rs.]] payable to the Developer and continue to remain in occupation till a flat in the new building to be constructed at premises ______ [[Address]] is offered to the Tenant by the Developer. The Tenant will have the option to purchase the flat instead of being a Tenant therein after at a price to be mutually settled on completion of the new building. In consideration of the Tenant vacating the said flat in the existing building at the said premises at the request of the Developer and the Confirming Party, the Confirming Party hereby guarantees and undertakes the implementation of the terms and conditions herein to be performed by the Developer. Copies of the Development Agreement dated _______ [[Date]] and Power of Attorney dated ______ [[Date]] have been furnished to the Tenant and the Tenant has satisfied himself in all respects and has agreed to these presents.
MANDATORY OBLIGATIONS OF THE PARTIES. The Owner’s nominated Architect will supervise the work but shall not be responsible for proper implementation of these presents by the Contractor. In case of difference of opinion on any point relating to construction of the said multi- storeyed building between the Owner’s nominated Architect and the Contractor, the opinion or the decision of the nominated Architect will prevail and the Contractor will give due effect to the opinion or decision of the nominated Architect. Any suggestion by the Owner for additions or alterations in/or construction of the said multi-storeyed building but within the sanctioned plan if certified by the nominated Architect to be feasible then the Contractor shall be under obligation to carry out such addition or alteration at the cost of the Owner.
MANDATORY OBLIGATIONS OF THE PARTIES. The Owner’s nominated Architect will supervise the work but shall not be responsible for proper implementation of these presents by the Contractor. In case of difference of opinion on any point relating to construction of the said multi- storeyed building between the Owner’s nominated Architect and the Contractor, the opinion or the decision of the nominated Architect will prevail and the Contractor will give due effect to the opinion or decision of the nominated Architect. Any suggestion by the Owner for additions or alterations in/or construction of the said multi-storeyed building but within the sanctioned plan if certified by the nominated Architect to be feasible then the Contractor shall be under obligation to carry out such addition or alteration at the cost of the Owner. CONSTRUCTION COST The construction cost shall not exceed [[Amount in Rs.]] per square meter and should conform to the norms of market. The construction cost shall not include:-
MANDATORY OBLIGATIONS OF THE PARTIES. The Stamp Duty and Registration Fees and other incidental expenses of this Indenture shall be paid and borne by the Developer and the Purchaser in equal proportion The Developer and Confirming Party undertake to deliver all relevant Title Deeds to the Association of the Flat Owners of the said building as and when formed and the Managing Committee of the said Association shall hold the Title Deeds as Trustees to be made available to any flat owner or to any authority for inspection and where necessary for production but that the Trustees shall not part with the Title Deeds.
MANDATORY OBLIGATIONS OF THE PARTIES. The agreement is personal to the hirer and the rights of the hirer shall not be assignable in favour of third party. If the hirer shall duly perform and observe all the stipulations and conditions in this agreement contained on his part to be performed and observed and shall pay to the owner monthly sums by way of rent amounting together with the sum paid for the option to purchase to the sum of Rs. [[Amount]] and shall also pay all other sums of money which may become payable to him by the hirer under this agreement, the hiring shall come to an end and the said car shall become the property of the hirer and the owner will assign and make over all his rights and interest in the same to the hirer but until all such payments as aforesaid have been made, the said car will remain the property of the owner. In consideration of the owner letting the said car to the hirer as hereinabove, the surety hereby guarantees the due payment of the rents and all other sums of money which may become payable by the hirer under these presents and the performance and observance of the said agreements and conditions by the hirer and the surety agrees that this guarantee will not be prejudiced by the owner neglecting or forbearing promptly to enforce this agreement against the hirer or giving time for the payment of the rents when due or delaying to take any steps to enforce the observance or performance of the said agreement.
MANDATORY OBLIGATIONS OF THE PARTIES. The employer or the architects shall not assign, sublet or transfer their interest in this agreement without the written consent of the other. This agreement shall be executed in duplicate and the architects shall bear the stamp duty on the original. The employer shall retain the original and the architects shall retain the duplicate.
