Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:- 3.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II of the FOURTH SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 4 contracts
Samples: Conveyance Agreement, Conveyance Agreement, Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters Promoter that the Common Area Share And User Rights as defined in PART PART-II of the FOURTH SECOND SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters Promoter that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters Promoter would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters Promoter sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the PromotersPromoter. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 4 contracts
Samples: Conveyance Agreement, Conveyance Agreement, Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-It is expressly understood and agreed and is a condition of this lease:
3.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II 1. That none of the FOURTH SCHEDULE hereunder written being conveyed/transferred owners, present or future, of the stock of the Lessor corporation, nor any directors or officers, present or future, of said Lessor corporation, shall be personally liable upon any of the covenants or agreements of the Lessor contained in this instrument.
2. That the rights and remedies herein created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the Purchaser is being transferred as per the law prevailing use of any other allowed by law.
3. That any notice to be served on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE Lessor or Lessee hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by duly given if either delivered personally, to any Officer of the Purchaser Lessor, or to the PromotersLessee, or by mailing said notice by United States registered mail, postage prepaid, addressed to the Lessor or Lessee at said Apartment Building, provided, however, that either party may give the other party hereto from time to time hereafter in writing, a notice of changes in address for this purpose, and in that event such new address shall be used in mailing such notice.
4. The Purchaser further unconditionally confirms to bear That all "Proprietary Leases" in said building entered into between the proportionate cost towards stamp duty Lessor and registration if so required at the time of such transfer. This obligation stockholders of the PurchaserLessor shall contain substantially the same covenants and agreements as herein set forth, and the form of these leases as aforesaiddistinct from the House Rules, shall not be changed except with the written consent of the holders of two-thirds of the amount of the outstanding capital stock, through an essential covenant affirmative vote taken at a stockholders' meeting duly called for this purpose.
5. That the Lessor has made no representations or promises relative to be unconditionally complied with by the Purchaser and Apartment Building or the Apartment except those contained herein.
6. That the references herein to the "Lessor" shall be deemed to be include its successors and assigns, and the references herein to the "Lessee" or a covenant running with stockholder of the land till it is complied with and/or Lessor shall be deemed to have been complied with by include the Purchaserheirs, executors, administrators, legatees and assigns of the Lessee and of such stockholder, and although the above terms are expressed in the singular number, it shall nevertheless be taken to apply to the persons appearing as the actual Lessees hereunder whether one or more, male or female.
Appears in 3 contracts
Samples: Proprietary Lease, Proprietary Lease, Proprietary Lease
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 47.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II of the FOURTH SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 2 contracts
Samples: Conveyance Agreement, Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 46.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II of the FOURTH SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 2 contracts
Samples: Conveyance Agreement, Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 5.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters Sellers that the Common Area Share And User Rights as defined in PART Part II of the FOURTH Fourth SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters Sellers that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters Sellers would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters Sellers sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the PromotersSellers. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 2 contracts
Samples: Conveyance Agreement, Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO 5.1 Obtaining Necessary Consents and Addition of Purchaser as follows:-Party to Certain Contracts.
3.1 Transfer/conveyance of Common Area Share And User Rights: The (a) Seller shall use commercially reasonable efforts to obtain consents to the effective assignment to and assumption by Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II of the FOURTH SCHEDULE hereunder Assumed Contracts. All such consents shall be in writing and executed counterparts thereof shall be delivered promptly to Purchaser. Without Purchaser’s prior written being conveyed/transferred consent, Seller shall not agree to any modification of any Assumed Contract in the course of obtaining any consent to the Purchaser is being transferred assignment of an Assumed Contract.
(b) To the extent permitted by applicable law, in the event consents to the assignment of such Assumed Contracts are not obtained by Seller as per the law prevailing on of the date of execution hereof, such Assumed Contracts shall be held, as and registration of this conveyance. The from the date hereof, by Seller in trust for Purchaser has also been categorically made aware as designated by the Promoters that at any time after the execution and registration of this conveyancePurchaser, and the covenants and obligations thereunder shall be performed by Purchaser in terms of the law(s) (especiallySeller’s respective name and all benefits and obligations existing thereunder shall be for Purchaser’s, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligationapplicable, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms account provided that such consent shall be and shall always be deemed to have been granted performance by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant contingent on Seller’s passing of all benefits of such Assumed Contracts to Purchaser. Seller shall take or cause to be unconditionally complied with by the taken such actions in its name or otherwise as Purchaser and be deemed may reasonably request so as to be a covenant running provide Purchaser with the land till benefits of the Assumed Contracts and to effect collection of money or other consideration to become due and payable under the Assumed Contracts, and Seller shall promptly pay over to Purchaser all money or other consideration received by it is complied in respect to all Assumed Contracts. The compliance of Seller with and/or be deemed to have been complied with by this subsection 5.2(a) shall not excuse Seller from any breach of the Purchaserrepresentations, warranties and covenants of Seller resulting from such non-assignment.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ocz Technology Group Inc), Asset Purchase Agreement (Ocz Technology Group Inc)
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO It is mutually agreed and declared as follows:-
3.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware follows [a] If the rent hereby reserved or any part thereof shall remain unpaid for fourteen [14] days after becoming payable [whether formally demanded or not] or if any other covenant on the Lessee’s part herein contained shall not be performed or observed or if the lessee shall suffer any process by execution to be levied on the Promoters Lessee’s goods the Lessor may give not less than (14) fourteen days notice in writing to the lessee requiring the breach to be remedied. If the breach is not remedied within that period, the Common Area Share And User Rights as defined Lessor may at any time thereafter re-enter upon the demised premises or any part thereof in PART II the name of the FOURTH SCHEDULE hereunder written being conveyed/transferred whole and thereupon this lease shall absolutely determine but without prejudice to the Purchaser is being transferred rights of the Lessor in respect of any arrears of rent or any breach of covenant. [b] If at any time during the continuance of this agreement the demised premises or any part thereof shall be destroyed or damaged from any cause whatsoever other than the act or default of the lessee or any servant of the lessee so as per to render the law prevailing on damaged premises unfit for occupation, either the lessor or the lessee may at any time within three months from the occurrence of such damage or destruction give to the other such notice in writing to determine this agreement and thereupon the same and everything herein contained shall cease and be void as from the date of execution the occurrence of such damage or destruction but without prejudice to the rights or remedies of either party against the other in respect of any antecedent claim or the breach of covenant or of the Lessor in respect of the rent hereby reserved until such date, provided that the right to determination on the part of the Lessor shall not arise in the event of the destruction of or damage to the demised premises by fire or other cause in such circumstances as to give to a duty under the Lease to rebuild or reinstate the demised premises. [c] That in the event of the demised premises being destroyed or so damaged as to render unfit for occupation and registration of this conveyance. The Purchaser has also been categorically made aware use and provided that the insurance effected by the Promoters that at any time after the execution and registration of this conveyance, and in terms Lessor shall not have been vitiated or payment of the law(s) (especiallyinsurance money refused in whole or in part in consequence of some act or default on the part of the Lessee then the rent hereby reserved or a proportionate part thereof according to the nature and the extent of injury sustained shall cease to be payable until the demised premises shall have been restored and reinstated and again rendered fit for occupation and use or until this agreement to lease shall have been determined under the provisions of Clause 4[b] above. In case any dispute shall arise as to the amount of such proportionate part of period during which such lesser or abatement of rent should be allowed, the Said Act read matter shall be referred to arbitration in accordance with the Said Rules provisions as is applicable set out thereafter provided that where the demised premises are only partially destroyed or damaged but not to such an extent as to render the same untenantable the rent shall xxxxx in the state event of West Bengal) the Promoters would be under obligation, inter alia, to transfer parties not agreeing the Common Areas as mentioned in amount of abatement the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent same shall be and shall always be deemed to have been granted determined by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaserarbitration.
Appears in 2 contracts
Samples: Lease Agreement (Elandia, Inc.), Lease Agreement (Elandia, Inc.)
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II extent of the FOURTH SCHEDULE hereunder written Common Areas and/or the rights appurtenant thereto being conveyed/transferred to the Purchaser is the Right to Use the same and is being transferred as per the law prevailing on the date of execution and registration of this conveyanceconveyance .The Purchaser further agrees and covenants with the Owners and the Promoter that the Purchaser shall at all times hereafter allow and permit unhindered access and use of the Common Areas (as mentioned in the Third Schedule) to the other Allottes of the Project and also to the Purchasers of other Phases as may be built or constructed by the Promoter. The Promoter and the Owners accordingly agree and covenant with the Purchaser has also been categorically made aware that the Purchaser shall likewise be entitled to the unhindered access and use of the Project Common Areas, Amenities and Facilities including the common areas of such other Phases as mentioned aforesaid on reciprocal arrangement. The terms of access and use of each such common areas, amenities and facilities mentioned above may be finalized by the Promoters that Promoter and/or the Association of each such Phases upon its formation, as may be deemed necessary. In case at any time after if the Said Proportionate Undivided Share of the Purchaser in the Total Land and Common Areas is to be conveyed and transferred to the Association in compliance of the Act or the Rules or Regulations or any other law from time to time by the Promoter, then the Purchaser agrees to co-operate with the Owners and the Promoter without any demand or delay to have the Said Proportionate Undivided Share in the Total Land and Common Areas ,transferred to the Association by attending the execution and registration of this conveyance, and the Deeds of Transfer / Sale made in terms favour of the law(s) (especiallyAssociation if so required and further agrees to bear the proportionate cost of such transfer, as may be assessed by the Said Act read with Promoter or the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that Association or Registration Authority. In case the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for refuses to or delays in getting such transfer done within the time required by the Promoter or the Act or Rules or Regulations or any other laws applicable from time to time, then the Promoter shall as the constituted attorney of Common Areas to the Association and the Purchaser be entitled to execute such Deeds of Transfer and present the same for registration before the appropriate authority / Registrar and to also agrees do all such acts and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promotersdeeds, as are consequent and/or incidental thereto. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 1. Transfer/conveyance of Common Area Share And User RightsArea: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II extent of the FOURTH SCHEDULE hereunder written Common Areas and/or the rights appurtenant thereto being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially), the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, then, and in such event, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, if so required by the Promoters and by the registering authority and upon receiving a request thereto from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. In case the Purchaser refuses to or delays in getting such transfer done within the time required by the Promoters or the relevant law(s) or any other laws applicable from time to time, then the Promoters shall as the constituted attorney of the Purchaser be entitled to execute such Deeds of Transfer and present the same for registration before the appropriate authority / Registrar and to also do all such acts and deeds, as are consequent and/or incidental thereto. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
2. The Purchaser doth hereby consent and confirm that the Developer shall be at liberty to have the Said Plan modified and/or altered for construction of additional area, if permissible on the top of the building and/or for change of user of the building other than the Said Space (as morefully described in Part I of the Third Schedule hereunder written).
3. The Purchaser doth hereby agree, acknowledge and consent to the rights title and interest excepted and reserved upon the Developer under this clause 2 hereinabove and undertakes and covenants not to raise any dispute objection hindrance obstruction or claim with regard to the same or the doing or carrying out of any such act deed or thing in connection therewith by the Developer and/or persons deriving title or authority from the Developer.
Appears in 1 contract
Samples: Conveyance Deed
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 1. Transfer/conveyance of Common Area Share And User RightsArea: The Purchaser has been categorically made aware by the Promoters Owner that the Common Area Share And User Rights as defined in PART II extent of the FOURTH SCHEDULE hereunder written Common Areas and/or the rights appurtenant thereto being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters Owner that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said said Act read with the Said said Rules as is applicable in the state of West Bengal) the Promoters Owner would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, then, and in such event, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, if so required by the Owner and by the registering authority and upon receiving a request thereto from the Promoters Owner sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the PromotersOwner. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. In case the Purchaser refuses to or delays in getting such transfer done within the time required by the Owner or the Act or Rules or Regulations or any other laws applicable from time to time, then the Owner shall as the constituted attorney of the Purchaser be entitled to execute such Deeds of Transfer and present the same for registration before the appropriate authority / Registrar and to also do all such acts and deeds, as are consequent and/or incidental thereto. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Deed
Mutual Covenants. AND IT IS HEREBY XXXXXX AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 5.1 Transfer/conveyance of Common Area Share And User RightsArea: The Purchaser has been categorically made aware by the Promoters Sellers that the Common Area Share And User Rights as defined morefully mentioned in PART II – I of the FOURTH SCHEDULE hereunder written hereto is being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters Sellers that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the West Bengal Housing Industry Regulation Act, 2017 (the “Said Act Act”) read with the West Bengal Housing Industry Regulation Rules, 2018 (the “Said Rules Rules”) as is applicable in the state of West Bengal) the Promoters Sellers would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the AssociationAssociation Of Flat/Unit Owners, (as defined below) when formed, formed after completion of the entire Complex . The Purchaser, hereby, unconditionally and unequivocally agree agrees and confirm confirms that the Purchaser shall, if so required by the Sellers and/or by the registering authority, as the case maybe and upon receiving a request thereto from the Promoters Developer sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the PromotersSellers. In case the Purchaser refuses to or delays in getting such transfer done within the time required by the Developer or the Act or Rules or Regulations or any other laws applicable from time to time, then the Developer shall as the constituted attorney of the Purchaser be entitled to execute such Deeds of Transfer and present the same for registration before the appropriate authority / Registrar and to also do all such acts and deeds, as are consequent and/or incidental thereto. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration fees, if so required required, at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY XXXXXX AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 5.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters Sellers that the Common Area Share And User Rights as defined in PART Part II of the FOURTH Fourth SCHEDULE hereunder xxxxxxxxx written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters Sellers that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters Sellers would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters Sellers sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the PromotersSellers. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 4.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II of the FOURTH SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 a. Transfer/conveyance of Common Area Share And User RightsArea: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II extent of the FOURTH SCHEDULE hereunder written Common Areas and/or the rights appurtenant thereto being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said said Act read with the Said said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, then, and in such event, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, if so required by the Promoters and by the registering authority and upon receiving a request thereto from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. In case the Purchaser refuses to or delays in getting such transfer done within the time required by the Promoters or the Act or Rules or Regulations or any other laws applicable from time to time, then the Promoters shall as the constituted attorney of the Purchaser be entitled to execute such Deeds of Transfer and present the same for registration before the appropriate authority / Registrar and to also do all such acts and deeds, as are consequent and/or incidental thereto. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Deed
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 4.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART Part II of the FOURTH SCHEDULE FOURTHSCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters Promoters, sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
4.2 The Purchaser's proportionate share in all matters concerning the Said Unit And The Rights Appurtenant There To shall be the proportion which the carpet area of the Said Unit may bear to the carpet area of all the Apartments/Units of the Building/Project. It is clarified that while determining the proportionate share of the Purchaser to the various matters, the decision of the Promoters or the Association upon its formation shall be binding on the Purchaser.
Appears in 1 contract
Samples: Deed of Conveyance
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 4.1 Transfer/conveyance of Common Area Share And User Rights: The Purchaser has been categorically made aware by the Promoters Promoter that the Common Area Share And User Rights as defined in PART II of the FOURTH SCHEDULE hereunder written being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters Promoter that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said Act read with the Said Rules as is applicable in the state of West Bengal) the Promoters Promoter would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, upon receiving a request from the Promoters Promoter sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the PromotersPromoter. The Purchaser further unconditionally confirms to bear the proportionate cost towards stamp duty and registration if so required at the time of such transfer. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Agreement
Mutual Covenants. AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
3.1 1. Transfer/conveyance of Common Area Share And User RightsArea: The Purchaser has been categorically made aware by the Promoters that the Common Area Share And User Rights as defined in PART II extent of the FOURTH SCHEDULE hereunder written Common Areas and/or the rights appurtenant thereto being conveyed/transferred to the Purchaser is being transferred as per the law prevailing on the date of execution and registration of this conveyance. The Purchaser has also been categorically made aware by the Promoters that at any time after the execution and registration of this conveyance, and in terms of the law(s) (especially, the Said said Act read with the Said said Rules as is applicable in the state of West Bengal) the Promoters would be under obligation, inter alia, to transfer the Common Areas as mentioned in the THIRD SCHEDULE hereunder written to the Association, (as defined below) when formed, the . The Purchaser, hereby, unconditionally and unequivocally agree and confirm that the Purchaser shall, if so required by the Promoters and/or by the registering authority and upon receiving a request thereto from the Promoters sign such deed of conveyance and/or give unconditional and unequivocal consent for such transfer of Common Areas to the Association and the Purchaser also agrees and confirms that such consent shall be and shall always be deemed to have been granted by the Purchaser to the Promoters. The In case the Purchaser further unconditionally confirms refuses to bear the proportionate cost towards stamp duty and registration if so required at or delays in getting such transfer done within the time required by the Promoters or the Act or Rules or Regulations or any other laws applicable from time to time, then the Promoters shall as the constituted attorney of the Purchaser be entitled to execute such transferDeeds of Transfer and present the same for registration before the appropriate authority / Registrar and to also do all such acts and deeds, as are consequent and/or incidental thereto. This obligation of the Purchaser, as aforesaid, shall be an essential covenant to be unconditionally complied with by the Purchaser and be deemed to be a covenant running with the land till it is complied with and/or be deemed to have been complied with by the Purchaser.
Appears in 1 contract
Samples: Conveyance Deed