OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants, represents with the Developer as follows:- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said Subject Land as well as Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the Apartment being constructed by the Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the Project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said Subject Land; d. have verified the location and site of the said Apartment including the egress and ingress thereof and also the area of the Apartment as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment; f. have acknowledged and given consents that the Developer shall be entitled to construct any additional area /structures and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and development on the balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land. g. have satisfied themselves as to the total area in relation thereto to comprise in the said Apartment and also the common parts/portions which would be common for all the residents/occupants of the various Apartment comprised in the Project/Subject Land and the other Common Area as designated by the Developer in the Project/Subject Land and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the Apartment at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated nor shall demand partition of the Allottee/s’ interest in the Apartment and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written permission of the Developer and/or the society or the limited company. xi. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project Land/subject land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. xii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the Project Land/ Subject Land and the building in which the Apartment is situated. xiii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee/s for any purposes other than for purpose for which it is sold. xiv. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of apartments in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xv. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the Apartment or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xvii. After possession of the Apartment is handed over the Allottee/s, the Allottee/s may insure the Apartment from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. xviii. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. xix. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xx. The Allottee/s shall observe and perform all the rules and regulations, mandates which the Association/Apex Body may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Association/Apex Body regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xxi. Till handing over of the common areas of the Project Land/Subject Land in which Apartment is situated is handed over to the Association/Apex Body, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants, represents with the Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said Subject Land as well as Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the Apartment being constructed by the Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the Project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said Subject Land; d. have verified the location and site of the said Apartment including the egress and ingress thereof and also the area of the ~~Apartment as~~ Apartmentas stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment; f. ii. have acknowledged and given consents that the Developer shall be entitled to construct any additional area /structures and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and development on the balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land. g. a. have satisfied themselves as to the total area in relation thereto to comprise in the said Apartment and also the common parts/portions which would be common for all the residents/occupants of the various Apartment comprised in the Project/Subject Land and the other Common Area as designated by the Developer in the Project/Subject Land and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the Apartment at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated nor shall demand partition of the Allottee/s’ interest in the Apartment and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written permission of the Developer and/or the society or the limited company. xi. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project Land/subject land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. xii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the Project Land/ Subject Land and the building in which the Apartment is situated. xiii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee/s for any purposes other than for purpose for which it is sold. xiv. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of apartments in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xv. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the Apartment or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xvii. After possession of the Apartment is handed over the Allottee/s, the Allottee/s may insure the Apartment from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. xviii. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. xix. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xx. The Allottee/s shall observe and perform all the rules and regulations, mandates which the Association/Apex Body may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Association/Apex Body regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xxi. Till handing over of the common areas of the Project Land/Subject Land in which Apartment is situated is handed over to the Association/Apex Body, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the ~~Apartment~~ Unit may come, hereby covenants, represents with the Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said Subject Land as well as Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the ~~Apartment~~ Unit being constructed by the Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the Project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said Subject Land; d. have verified the location and site of the said ~~Apartment~~ Unit including the egress and ingress thereof and also the area of the ~~Apartment~~ Unit as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said ~~Apartment~~Unit; f. have acknowledged ~~and given consents~~ that the Developer shall be entitled to ~~construct any additional area /structures~~ change and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and the Allottee/s shall have no objection thereto and also acknowledged that the Developer shall be entitled to do the development on the balance Subject Land ~~in accordance with the terms of the relevant laws and~~ as per the future sanction/approvals obtained by them~~. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land.~~; g. have satisfied themselves as to the ~~total~~ Carpet area and built up area in relation thereto to comprise in the said ~~Apartment~~ Unit and also the common parts/portions which would be common for all the residents/occupants of the various ~~Apartment~~ Units comprised in the ~~Project/Subject Land~~ Phase and the other ~~Common Area~~ common area as designated by the Developer in the ~~Project/Subject Land~~ Project and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the ~~Apartment~~ Unit at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment~~ Unit is taken and shall not do or suffer to be done anything in or to the building in which the ~~Apartment~~ Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the ~~Apartment~~ Unit is situated and the ~~Apartment~~ Unit itself or any part thereof without the consent of the local authorities, if required. The Allotee/s shall obtain all the requisite approvals from all the competent authorities for at his/her/its own cost for running its/their business at the said unit. iii. Not to store in the ~~Apartment~~ Unit any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the ~~Apartment~~ Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the ~~Apartment~~ Unit is situated, including entrances of the building in which the ~~Apartment~~ Unit is situated and in case any damage is caused to the building in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said ~~Apartment~~ Unit and maintain the ~~Apartment~~ Unit in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. vi. Not to demolish or cause to be demolished the ~~Apartment~~ Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the ~~Apartment~~ Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the ~~Apartment~~ Unit is situated nor shall demand partition of the Allottee/s’ interest in the ~~Apartment~~ Unit and shall keep the portion, sewers, drains and pipes in the ~~Apartment~~ Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the ~~Apartment~~ Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the ~~Apartment~~ Unit without the prior written permission of the Developer and/or the ~~society~~ association or the limited company. xivii. The Developer /maintenance agency/association of Allottee/s shall have rights of unrestricted access of all Common Areas, garages/covered parking and parking spaces for providing necessary maintenance services and the Allottee/s agrees to permit the association of Allottee/s and/or maintenance agency to enter into the Unit or any part thereof after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect. viii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project ~~Land/subject land~~ Land and the building in which the ~~Apartment~~ Unit is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~ix. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment~~ Unit in the compound or any portion of the Project ~~Land/ Subject~~ Land and the building in which the ~~Apartment~~ Unit is situated. ~~xiii.~~ x. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the ~~Apartment~~ Unit by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xi. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ premises/units in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xvxii. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the ~~Apartment~~ Unit or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; ~~xvi~~xiii. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the ~~Apartment~~Unit/s in the Building, without the prior written permission of the Developer/~~Association/Apex body~~association/concerned authorities; ~~xvii~~xiv. After possession of the ~~Apartment~~ Unit is handed over the Allottee/s, the Allottee/s may insure the ~~Apartment~~ Unit from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xv. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the ~~Registration Act~~Xxxxxxxxxxxx Xxx, ~~1908~~0000. ~~xix~~xvi. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the ~~Apartment~~ Unit until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xxxvii. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the ~~Association/Apex Body~~ limited company or apex body or federation or the association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the ~~Apartment~~ Units therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the ~~Association~~association/~~Apex Body~~ limited company/apex body/federation regarding the occupancy and use of the ~~Apartment~~ Unit in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xviii. Till ~~handing over of~~ a declaration under the ~~common areas of~~ Relevant Law for the time being in force is being granted by the Developer towards the Project ~~Land/Subject~~ Land on which the building in which ~~Apartment~~ Unit is situated is ~~handed over to the~~ executed in favour of Apex Body or Association~~/Apex Body~~, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the ~~said buildings~~ Project Land or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Agreement for Sale

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants, represents with the Developer as follows:- i. At or before execution of this Agreement the Allottee/s- a. ~~have~~ Have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said Subject Land as well as Project Land; b. ~~have~~ Have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the Apartment being constructed by the Developer and agrees not to raise any objection with regard thereto; c. ~~have~~ Have satisfied themselves about the Project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said Subject Land; d. ~~have~~ Have verified the location and site of the said Apartment including the egress and ingress thereof and also the area of the Apartment as stated in this Agreement and agrees not to dispute the same; e. ~~have~~ Have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment; f. ~~have~~ Have acknowledged and given consents that the Developer shall be entitled to construct any additional area /structures and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and development on the balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land. g. ~~have~~ Have satisfied themselves as to the total area in relation thereto to comprise in the said Apartment and also the common parts/portions which would be common for all the residents/occupants of the various Apartment comprised in the Project/Subject Land and the other Common Area as designated by the Developer in the Project/Subject Land and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the Apartment at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or ~~bye-~~bye- laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of ~~“ORCHARD PH2B AT GODREJ SE7EN~~ “ COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated nor shall demand partition of the Allottee/s’ interest in the Apartment and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written permission of the Developer and/or the society or the limited company. xi. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project Land/subject land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. xii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the Project Land/ Subject Land and the building in which the Apartment is situated. xiii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee/s for any purposes other than for purpose for which it is sold. xiv. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of apartments in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xv. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the Apartment or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xvii. After possession of the Apartment is handed over the Allottee/s, the Allottee/s may insure the Apartment from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. xviii. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. xix. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xx. The Allottee/s shall observe and perform all the rules and regulations, mandates which the Association/Apex Body may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building rules, regulations and ~~bye-~~bye- laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Association/Apex Body regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xxi. Till handing over of the common areas of the Project Land/Subject Land in which Apartment is situated is handed over to the Association/Apex Body, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the ~~Apartment~~ Unit may come, hereby covenants, represents with the Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said ~~Subject Land as well as~~ Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the ~~building complex~~ Project and the ~~Apartment~~ Unit being constructed by the Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said ~~Subject~~ Project Land; d. have verified the location and site of the said ~~Apartment~~ Unit including the egress and ingress thereof and also the area of the ~~Apartment~~ Unit as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said ~~Apartment~~Unit; f. have acknowledged ~~and given consents~~ that the Developer shall be entitled to ~~construct any additional area /structures~~ change and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and ~~development on~~ the ~~balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The~~ Allottee/s shall have no objection ~~thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land.~~thereto; g. have satisfied themselves as to the ~~total~~ Carpet area and built up area in relation thereto to comprise in the said ~~Apartment~~ Unit and also the common parts/portions which would be common for all the ~~residents/~~occupants of the various ~~Apartment~~ Units comprised in the ~~Project/Subject Land~~ Project and the other ~~Common Area~~ common area as designated by the Developer in the ~~Project/Subject Land~~ Project and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the ~~Apartment~~ Unit at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment~~ Unit is taken and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and the ~~Apartment~~ Unit itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the ~~Apartment~~ Unit any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated, including entrances of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and in case any damage is caused to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said ~~Apartment~~ Unit and maintain the ~~Apartment~~ Unit in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. vi. Not to demolish or cause to be demolished the ~~Apartment~~ Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the ~~Apartment~~ Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated nor shall demand partition of the Allottee/s’ interest in the ~~Apartment~~ Unit and shall keep the portion, sewers, drains and pipes in the ~~Apartment~~ Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the ~~Apartment~~ Unit without the prior written permission of the Developer and/or the society or the limited company. xivii. The Developer /maintenance agency/association of Allottee/s shall have rights of unrestricted access of all Common Areas in the Project for providing necessary maintenance services and the Allottee/s agrees to permit the association of Allottee/s and/or maintenance agency to enter into the Unit or any part thereof after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect. viii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the ~~Project Land/subject~~ project land and the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~ix. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment~~ Unit in the compound or any portion of the Project ~~Land/ Subject Land~~ land and the ~~building~~ Project in which the ~~Apartment~~ Unit is situated. ~~xiii.~~ x. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the ~~Apartment~~ Unit by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xi. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ Units in the ~~Building~~ Project or other occupants or users of the ~~Building, or visitors to the Building~~Project, and also occupiers of any adjacent, contiguous or adjoining properties; xvxii. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the ~~Apartment~~ Unit or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xviixiii. After possession of the ~~Apartment~~ Unit is handed over the Allottee/s, the Allottee/s may insure the ~~Apartment~~ Unit from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xiv. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the ~~Registration Act~~Xxxxxxxxxxxx Xxx, ~~1908~~0000. ~~xix~~xv. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the ~~Apartment~~ Unit until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xxxvi. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the ~~Association/Apex Body~~ limited company or apex body or federation or the association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said ~~building~~ Project and the ~~Apartment~~ Units therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the ~~Association~~association/~~Apex Body~~ apex body/federation regarding the occupancy and use of the ~~Apartment~~ Unit in the ~~Building~~ Project and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xvii. Till ~~handing over of~~ a declaration under the ~~common areas of~~ Relevant Law for the time being in force is being granted by the Developer towards the Project ~~Land/Subject Land~~ land on which the Project in which ~~Apartment~~ Unit is situated is ~~handed over to the~~ executed in favour of Apex Body or Association~~/Apex Body~~, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the ~~said buildings~~ Project land or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Agreement for Sale

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants, represents with the Promoter/Owner/Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Promoter/Owner/Developer in respect of the said Subject Land as well as Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the Apartment being constructed by the Promoter/Owner/Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the Promoter/Owner/Developer on the said Subject Land; d. have verified the location and site of the said Apartment including the egress and ingress thereof and also the area of the Apartment as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment; f. ii. have acknowledged and given consents that the Promoter/Owner/Developer shall be entitled to construct any additional area /structures and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and development on the balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land. g. iii. Has/have understood that the MLCP being built as a part of the Project/Phase shall be for the utilization and shared amongst of all the projects/phases constructed/ to be constructed on the Subject Land. iv. Has/have been informed and has/have understood that the Promoter/Owner/Developer may at its discretion construct additional floors in Tower Q (Sahyadri) and R (Kumayun) and the Allottee/s are agreeable to the same. The Allottee/s has/have also been informed that though at present, the sanctioned plan for the Project has been approved for construction of the said Towers – Q(Sahyadri) and R(Kumayun) upto B+G + 21 floors, however, the Environmental Clearance for the two abovementioned towers has been received for B+G+19 floors. The Promoter/Owner/ Developer has submitted the revised application to the State Environment Impact Assessment Authority, West Bengal, and approval of the same is awaited. The Allottee/s understand/s and is aware that upon receipt of the aforesaid Environmental Clearance the developer intends to construct the remaining 2(two) floors on the said Towers – Q (Sahyadri)and R(Kumayun) (“Balance Floors”). In the event if the Promoter/Owner/Developer is unable to construct the Balance Floors in the said Tower due to any reason whatsoever, the said Tower – Q (Sahyadri) and R(Kumayun) will be constructed till the 19th Floor in accordance with the statutory approvals. The Allottee/s has/have confirmed that he/she/they has/have no objection to the above and the Allottee/s has/have accordingly accorded his/her/its consent for the same in the prescribed format as set out in Annexure hereto. v. have satisfied themselves as to the total area in relation thereto to comprise in the said Apartment and also the common parts/portions which would be common for all the residents/occupants of the various Apartment comprised in the ~~Project~~Project Land/Subject Land and the other ~~Common Area~~ common area as designated by the Promoter/Owner/Developer in the ~~Project~~Project Land/~~Subject~~ subject Land and has agreed not to challenge or dispute the same in any manner whatsoever or however. iivi. To maintain the Apartment at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ~~iii~~vii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. ivviii. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Promoter/Owner/Developer as provided in Schedule ‘C’. v. ix. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. ~~vi.~~ x. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of ~~“ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT~~“ ”. ~~vii~~xi. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. ~~viii~~xii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated nor shall demand partition of the Allottee/s’ interest in the Apartment and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written permission of the Developer and/or the society or the limited company. xi. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project Land/subject land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. IFSC xii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the Project Land/ Subject Land and the building in which the Apartment is situated. xiii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee/s for any purposes other than for purpose for which it is sold. xiv. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of apartments in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xv. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the Apartment or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xvii. After possession of the Apartment is handed over the Allottee/s, the Allottee/s may insure the Apartment from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. xviii. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. xix. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xx. The Allottee/s shall observe and perform all the rules and regulations, mandates which the Association/Apex Body may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Association/Apex Body regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xxi. Till handing over of the common areas of the Project Land/Subject Land in which Apartment is situated is handed over to the Association/Apex Body, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Agreement for Sale

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. I. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the ~~Apartment~~ Unit may come, hereby covenants, represents with the ~~Developer~~ Promoter/Vendor as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the ~~Developer~~ Promoter/Vendor in respect of the said ~~Subject Land as well as~~ Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the ~~building complex~~ Project and the ~~Apartment~~ Unit being constructed by the ~~Developer~~ Promoter/Vendor and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the ~~Developer~~ Promoter/Vendor on the said ~~Subject~~ Project Land; d. have verified the location and site of the said ~~Apartment~~ Unit including the egress and ingress thereof and also the area of the ~~Apartment~~ Unit as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said ~~Apartment~~Unit; f. have acknowledged ~~and given consents~~ that the ~~Developer~~ Promoter/Vendor shall be entitled to ~~construct any additional area /structures~~ change and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and ~~development on~~ the ~~balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The~~ Allottee/s shall have no objection ~~thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land.~~thereto; g. have satisfied themselves as to the ~~total~~ Carpet area and built up area in relation thereto to comprise in the said ~~Apartment~~ Unit and also the common parts/portions which would be common for all the ~~residents/~~occupants of the various ~~Apartment~~ Units comprised in the ~~Project/Subject Land~~ Project and the other ~~Common Area~~ common area as designated by the ~~Developer~~ Promoter/Vendor in the ~~Project/Subject Land~~ Project and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the ~~Apartment~~ Unit at the Allottee/s’ s‟ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment~~ Unit is taken and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and the ~~Apartment~~ Unit itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the ~~Apartment~~ Unit any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated, including entrances of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and in case any damage is caused to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the ~~instalment~~ installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to ~~the~~ completion of construction by the ~~Developer as~~ Promoter/Vendor provided in Schedule ~~‘C’.~~„C‟. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said ~~Apartment~~ Unit and maintain the ~~Apartment~~ Unit in the same condition, state and order in which it was delivered by the ~~Developer~~ Promoter/Vendor to the Allottee/s and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit which may be contrary to the rules and regulations and ~~bye-~~bye- laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. vi. Not to demolish or cause to be demolished the ~~Apartment~~ Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the ~~Apartment~~ Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated nor shall demand partition of the Allottee/s’ s‟ interest in the ~~Apartment~~ Unit and shall keep the portion, sewers, drains and pipes in the ~~Apartment~~ Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or ~~RCC, pardis~~ RCC or other structural members in the ~~Apartment~~ Unit without the prior written permission of the ~~Developer~~ Promoter/Vendor and/or the society or the limited company. xivii. The Promoter/Vendor/maintenance agency/association of Allottee/s shall have rights of unrestricted access of all Common Areas in the Project for providing necessary maintenance services and the Allottee/s agrees to permit the association of Allottee/s and/or maintenance agency to enter into the Unit or any part thereof after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect. viii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the ~~Project Land/subject~~ project land and the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~ix. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment~~ Unit in the compound or any portion of the Project ~~Land/ Subject Land~~ land and the ~~building~~ Project in which the ~~Apartment~~ Unit is situated. ~~xiii.~~ x. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the ~~Apartment~~ Unit by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xi. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ Units in the ~~Building~~ Project or other occupants or users of the ~~Building, or visitors to the Building~~Project, and also occupiers of any adjacent, contiguous or adjoining properties;. xvxii. Permit the ~~Developer~~ Promoter/Vendor and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the ~~Apartment~~ Unit or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s;s. xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xviixiii. After possession of the ~~Apartment~~ Unit is handed over the Allottee/s, the Allottee/s may insure the ~~Apartment~~ Unit from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the ~~Developer~~ Promoter/Vendor shall not be responsible for any loss/damage suffered thereafter or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Promoter/Vendor shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xiv. The Allottee/s and/or the ~~Developer~~ Promoter/Vendor shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. ~~xix~~xv. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the ~~Apartment~~ Unit until all the dues payable by the Allottee/s to the ~~Developer~~ Promoter/Vendor under this Agreement are fully paid up. xxxvi. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the ~~Association/Apex Body~~ limited company or apex body or federation or the association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said ~~building~~ Project and the ~~Apartment~~ Units therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the ~~Association~~association/~~Apex Body~~ apex body/federation regarding the occupancy and use of the ~~Apartment~~ Unit in the ~~Building~~ Project and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xvii. Till ~~handing over of~~ a declaration under the ~~common areas of~~ Relevant Law for the time being in force is being granted by the Promoter/Vendor towards the Project ~~Land/Subject Land~~ land on which the Project in which ~~Apartment~~ Unit is situated is ~~handed over to the~~ executed in favour of Apex Body or Association~~/Apex Body~~, the Allottee/s shall permit the ~~Developer~~ Promoter/Vendor and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the ~~said buildings~~ Project land or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. I. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the ~~Apartment~~ Unit may come, hereby covenants, represents with the ~~Developer~~ Owner/Developer/Vendor as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the ~~Developer~~ Owner/Developer/Vendor in respect of the said ~~Subject Land as well as~~ Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the ~~building complex~~ Project and the ~~Apartment~~ Unit being constructed by the ~~Developer~~ Owner/Developer/Vendor and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the ~~Developer~~ Owner/Developer/Vendor on the said ~~Subject~~ Project Land; d. have verified the location and site of the said ~~Apartment~~ Unit including the egress and ingress thereof and also the area of the ~~Apartment~~ Unit as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said ~~Apartment~~Unit; f. have acknowledged ~~and given consents~~ that the ~~Developer~~ Owner/Developer/Vendor shall be entitled to ~~construct any additional area /structures~~ change and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and ~~development on~~ the ~~balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The~~ Allottee/s shall have no objection ~~thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land.~~thereto; g. have satisfied themselves as to the ~~total~~ Carpet area and built up area in relation thereto to comprise in the said ~~Apartment~~ Unit and also the common parts/portions which would be common for all the ~~residents/~~occupants of the various ~~Apartment~~ Units comprised in the ~~Project/Subject Land~~ Project and the other ~~Common Area~~ common area as designated by the ~~Developer~~ Owner/Developer/Vendor in the ~~Project/Subject Land~~ Project and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the ~~Apartment~~ Unit at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment~~ Unit is taken and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and the ~~Apartment~~ Unit itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the ~~Apartment~~ Unit any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated, including entrances of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and in case any damage is caused to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the ~~instalment~~ installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to ~~the~~ completion of construction by the ~~Developer as~~ Owner/Developer/Vendor provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said ~~Apartment~~ Unit and maintain the ~~Apartment~~ Unit in the same condition, state and order in which it was delivered by the ~~Developer~~ Owner/Developer/Vendor to the Allottee/s and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. vi. Not to demolish or cause to be demolished the ~~Apartment~~ Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the ~~Apartment~~ Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated nor shall demand partition of the Allottee/s’ interest in the ~~Apartment~~ Unit and shall keep the portion, sewers, drains and pipes in the ~~Apartment~~ Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or ~~RCC, pardis~~ RCC or other structural members in the ~~Apartment~~ Unit without the prior written permission of the ~~Developer~~ Owner/Developer/Vendor and/or the society or the limited company. xivii. The Owner/Developer/Vendor /maintenance agency/association of Allottee/s shall have rights of unrestricted access of all Common Areas in the Project for providing necessary maintenance services and the Allottee/s agrees to permit the association of Allottee/s and/or maintenance agency to enter into the Unit or any part thereof after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect. viii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the ~~Project Land/subject~~ project land and the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~ix. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment~~ Unit in the compound or any portion of the Project ~~Land/ Subject Land~~ land and the ~~building~~ Project in which the ~~Apartment~~ Unit is situated. ~~xiii.~~ x. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the ~~Apartment~~ Unit by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xi. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ Units in the ~~Building~~ Project or other occupants or users of the ~~Building, or visitors to the Building~~Project, and also occupiers of any adjacent, contiguous or adjoining properties;. xvxii. Permit the ~~Developer~~ Owner/Developer/Vendor and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the ~~Apartment~~ Unit or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s;s. xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xviixiii. After possession of the ~~Apartment~~ Unit is handed over the Allottee/s, the Allottee/s may insure the ~~Apartment~~ Unit from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the ~~Developer~~ Owner/Developer/Vendor shall not be responsible for any loss/damage suffered thereafter or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Owner/Developer/Vendor shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xiv. The Allottee/s and/or the ~~Developer~~ Owner/Developer/Vendor shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. ~~xix~~xv. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the ~~Apartment~~ Unit until all the dues payable by the Allottee/s to the ~~Developer~~ Owner/Developer/Vendor under this Agreement are fully paid up. xxxvi. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the ~~Association/Apex Body~~ limited company or apex body or federation or the association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said ~~building~~ Project and the ~~Apartment~~ Units therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the ~~Association~~association/~~Apex Body~~ apex body/federation regarding the occupancy and use of the ~~Apartment~~ Unit in the ~~Building~~ Project and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xvii. Till ~~handing over of~~ a declaration under the ~~common areas of~~ Relevant Law for the time being in force is being granted by the Owner/Developer/Vendor towards the Project ~~Land/Subject Land~~ land on which the Project in which ~~Apartment~~ Unit is situated is ~~handed over to the~~ executed in favour of Apex Body or Association~~/Apex Body~~, the Allottee/s shall permit the ~~Developer~~ Owner/Developer/Vendor and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the ~~said buildings~~ Project land or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. I. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the ~~Apartment~~ Unit may come, hereby covenants, represents with the ~~Developer~~ Promoter/Vendor as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the ~~Developer~~ Promoter/Vendor in respect of the said ~~Subject Land as well as~~ Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the ~~building complex~~ Project and the ~~Apartment~~ Unit being constructed by the ~~Developer~~ Promoter/Vendor and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the ~~Developer~~ Promoter/Vendor on the said ~~Subject~~ Project Land; d. have verified the location and site of the said ~~Apartment~~ Unit including the egress and ingress thereof and also the area of the ~~Apartment~~ Unit as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said ~~Apartment~~Unit; f. have acknowledged ~~and given consents~~ that the ~~Developer~~ Promoter/Vendor shall be entitled to ~~construct any additional area /structures~~ change and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and ~~development on~~ the ~~balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The~~ Allottee/s shall have no objection ~~thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land.~~thereto; g. have satisfied themselves as to the ~~total~~ Carpet area and built up area in relation thereto to comprise in the said ~~Apartment~~ Unit and also the common parts/portions which would be common for all the ~~residents/~~occupants of the various ~~Apartment~~ Units comprised in the ~~Project/Subject Land~~ Project and the other ~~Common Area~~ common area as designated by the ~~Developer~~ Promoter/Vendor in the ~~Project/Subject Land~~ Project and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the ~~Apartment~~ Unit at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment~~ Unit is taken and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and the ~~Apartment~~ Unit itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the ~~Apartment~~ Unit any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated, including entrances of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and in case any damage is caused to the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the ~~instalment~~ installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to ~~the~~ completion of construction by the ~~Developer as~~ Promoter/Vendor provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said ~~Apartment~~ Unit and maintain the ~~Apartment~~ Unit in the same condition, state and order in which it was delivered by the ~~Developer~~ Promoter/Vendor to the Allottee/s and shall not do or suffer to be done anything in or to the ~~building~~ Building/s/Structure/s in the Project Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or the ~~Apartment~~ Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. vi. Not to demolish or cause to be demolished the ~~Apartment~~ Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the ~~Apartment~~ Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated nor shall demand partition of the Allottee/s’ interest in the ~~Apartment~~ Unit and shall keep the portion, sewers, drains and pipes in the ~~Apartment~~ Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or ~~RCC, pardis~~ RCC or other structural members in the ~~Apartment~~ Unit without the prior written permission of the ~~Developer~~ Promoter/Vendor and/or the society or the limited company. xivii. The Promoter/Vendor/maintenance agency/association of Allottee/s shall have rights of unrestricted access of all Common Areas in the Project for providing necessary maintenance services and the Allottee/s agrees to permit the association of Allottee/s and/or maintenance agency to enter into the Unit or any part thereof after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect. viii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the ~~Project Land/subject~~ project land and the ~~building~~ Building/s/Structure/s in the Project in which the ~~Apartment~~ Unit is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~ix. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment~~ Unit in the compound or any portion of the Project ~~Land/ Subject Land~~ land and the ~~building~~ Project in which the ~~Apartment~~ Unit is situated. ~~xiii.~~ x. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the ~~Apartment~~ Unit by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xi. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ Units in the ~~Building~~ Project or other occupants or users of the ~~Building, or visitors to the Building~~Project, and also occupiers of any adjacent, contiguous or adjoining properties;. xvxii. Permit the ~~Developer~~ Promoter/Vendor and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the ~~Apartment~~ Unit or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s;s. xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xviixiii. After possession of the ~~Apartment~~ Unit is handed over the Allottee/s, the Allottee/s may insure the ~~Apartment~~ Unit from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the ~~Developer~~ Promoter/Vendor shall not be responsible for any loss/damage suffered thereafter or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Promoter/Vendor shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xiv. The Allottee/s and/or the ~~Developer~~ Promoter/Vendor shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. ~~xix~~xv. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the ~~Apartment~~ Unit until all the dues payable by the Allottee/s to the ~~Developer~~ Promoter/Vendor under this Agreement are fully paid up. xxxvi. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the ~~Association/Apex Body~~ limited company or apex body or federation or the association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said ~~building~~ Project and the ~~Apartment~~ Units therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the ~~Association~~association/~~Apex Body~~ apex body/federation regarding the occupancy and use of the ~~Apartment~~ Unit in the ~~Building~~ Project and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xvii. Till ~~handing over of~~ a declaration under the ~~common areas of~~ Relevant Law for the time being in force is being granted by the Promoter/Vendor towards the Project ~~Land/Subject Land~~ land on which the Project in which ~~Apartment~~ Unit is situated is ~~handed over to the~~ executed in favour of Apex Body or Association~~/Apex Body~~, the Allottee/s shall permit the ~~Developer~~ Promoter/Vendor and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the ~~said buildings~~ Project land or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants, represents with the Promoter/Owner/Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Promoter/Owner/Developer in respect of the said Subject Land as well as Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the Apartment being constructed by the Promoter/Owner/Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the Promoter/Owner/Developer on the said Subject Land; d. have verified the location and site of the said Apartment including the egress and ingress thereof and also the area of the Apartment as stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment; f. ii. have acknowledged and given consents that the Promoter/Owner/Developer shall be entitled to construct any additional area /structures and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and development on the balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land. g. iii. Has/have understood that the MLCP being built as a part of the Project/Phase shall be for the utilization and shared amongst of all the projects/phases constructed/ to be constructed on the Subject Land. iv. Has/have been informed and has/have understood that the Promoter/Owner/Developer may at its discretion construct additional floors in Tower Q (Sahyadri) and R (Kumayun) and the Allottee/s are agreeable to the same. The Allottee/s has/have also been informed that though at present, the sanctioned plan for the Project has been approved for construction of the said Towers – Q(Sahyadri) and R(Kumayun) upto B+G + 21 floors, however, the Environmental Clearance for the two abovementioned towers has been received for B+G+19 floors. The Promoter/Owner/ Developer has submitted the revised application to the State Environment Impact Assessment Authority, West Bengal, and approval of the same is awaited. The Allottee/s understand/s and is aware that upon receipt of the aforesaid Environmental Clearance the developer intends to construct the remaining 2(two) floors on the said Towers – Q (Sahyadri)and R(Kumayun) (“Balance Floors”). In the event if the Promoter/Owner/Developer is unable to construct the Balance Floors in the said Tower due to any reason whatsoever, the said Tower – Q (Sahyadri) and R(Kumayun) will be constructed till the 19th Floor in accordance with the statutory approvals. The Allottee/s has/have confirmed that he/she/they has/have no objection to the above and the Allottee/s has/have accordingly accorded his/her/its consent for the same in the prescribed format as set out in Annexure F hereto. v. have satisfied themselves as to the total area in relation thereto to comprise in the said Apartment and also the common parts/portions which would be common for all the residents/occupants of the various Apartment comprised in the ~~Project~~Project Land/Subject Land and the other ~~Common Area~~ common area as designated by the Promoter/Owner/Developer in the ~~Project~~Project Land/~~Subject~~ subject Land and has agreed not to challenge or dispute the same in any manner whatsoever or however. iivi. To maintain the Apartment at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ~~iii~~vii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. ivviii. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Promoter/Owner/Developer as provided in Schedule ‘C’. v. ix. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. ~~vi.~~ x. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “~~ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT~~Retreat at Godrej Prakriti Collection Account”. ~~vii~~xi. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. ~~viii~~xii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ixxiii. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter/Owner/Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. xiv. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated nor shall demand partition of the Allottee/s’ interest in the Apartment and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written permission of the Promoter/Owner/Developer and/or the society or the limited company. xixv. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the ~~Project Land/subject~~ project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~xvi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the Project ~~Land/~~ Land/Subject Land and the building in which the Apartment is situated. ~~xiii~~xvii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xviii. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ apartment(s) in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xvxix. Permit the Promoter/Owner/Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the Apartment or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; ~~xvi~~xx. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the ~~Apartment/s~~ Apartment in the Building, without the prior written permission of the Promoter/Owner/Developer/Association/Apex ~~body~~Body/Common Organization/ concerned authorities; ~~xvii~~xxi. After possession of the Apartment is handed over the Allottee/s, ~~the Allottee/s~~ may insure the Apartment from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Promoter/Owner/Developer shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xxii. The Allottee/s and/or the Promoter/Owner/Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. ~~xix~~xxiii. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee/s to the Promoter/Owner/Developer under this Agreement are fully paid up. xxxxiv. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the Association/Apex ~~Body~~ Body/Federation/Common Organization may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Association/Apex ~~Body~~ Body/Federation/Common Organisation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xxv. Till handing over of the common areas of the ~~Project~~ project Land/Subject Land in which the Apartment is situated is handed over to the Association/Apex Body/common organisation, the Allottee/s shall permit the Promoter/Owner/Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the ~~Apartment~~ Apartment/Flat may come, hereby covenants, represents with the Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said Subject Land as well as Project Land;. b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the ~~Apartment~~ Apartment/Flat being constructed by the Developer and agrees not to raise any objection with regard thereto;. c. have satisfied themselves about the ~~Project~~ project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said Subject Land;. d. have verified the location and site of the said ~~Apartment~~ Apartment/Flat including the egress and ingress thereof and also the area of the ~~Apartment~~ Apartment/Flat as stated in this Agreement and agrees not to dispute the same;. e. have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment;/Flat . f. have acknowledged ~~and given consents~~ that the Developer shall be entitled to ~~construct any additional area /structures~~ change and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and the Allottee/s shall have no objection thereto and also acknowledged that the Developer shall be entitled to do the development on the balance Subject Land ~~in accordance with the terms of the relevant laws and~~ as per the future sanction/approvals obtained by them~~. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land~~. g. have satisfied themselves as to the ~~total~~ Carpet area and built up area in relation thereto to comprise in the said ~~Apartment~~ Apartment/Flat and also the common parts/portions which would be common for all the residents/occupants of the various ~~Apartment~~ Apartment/Flats comprised in the ~~Project/Subject Land~~ Phase and the other ~~Common Area~~ common area as designated by the Developer in the ~~Project/Subject Land~~ Project and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the ~~Apartment~~ Apartment/Flat at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment~~ Apartment/Flat is taken and shall not do or suffer to be done anything in or to the building in which the ~~Apartment~~ Apartment/Flat is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the ~~Apartment~~ Apartment/Flat is situated and the ~~Apartment~~ Apartment/Flat itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the ~~Apartment~~ Apartment/Flat any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the ~~Apartment~~ Apartment/Flat is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the ~~Apartment~~ Apartment/Flat is situated, including entrances of the building in which the ~~Apartment~~ Apartment/Flat is situated and in case any damage is caused to the building in which the ~~Apartment~~ Apartment/Flat is situated or the ~~Apartment~~ Apartment/Flat on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by Developer to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of “ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said ~~Apartment~~ Apartment/Flat and maintain the ~~Apartment~~ Apartment/Flat in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the ~~Apartment~~ Apartment/Flat is situated or the ~~Apartment~~ Apartment/Flat which may be contrary to the rules and regulations and ~~bye-~~bye- laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. vi. Not to demolish or cause to be demolished the ~~Apartment~~ Apartment/Flat or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the ~~Apartment~~ Apartment/Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the ~~Apartment~~ Apartment/Flat is situated nor shall demand partition of the Allottee/s’ interest in the ~~Apartment~~ Apartment/Flat and shall keep the portion, sewers, drains and pipes in the ~~Apartment~~ Apartment/Flat and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the ~~Apartment~~ Apartment/Flat is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the ~~Apartment~~ Apartment/Flat without the prior written permission of the Developer and/or the society or the limited company. xivii. The Developer /maintenance agency/association of Allottee/s shall have rights of unrestricted access of all Common Areas, garages/covered parking and parking spaces for providing necessary maintenance services and the Allottee/s agrees to permit the association of Allottee/s and/or maintenance agency to enter into the Apartment/Flat or any part thereof after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect. viii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the ~~Project Land/subject~~ project land and the building in which the ~~Apartment~~ Apartment/Flat is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. ~~xii~~ix. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment~~ Apartment/Flat in the compound or any portion of the ~~Project Land/ Subject Land~~ project land and the building in which the ~~Apartment~~ Apartment/Flat is situated. ~~xiii~~x. Pay to the Developer within 15 (fifteen) days of demand by the Developer, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment/Flat is situated. xi. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the ~~Apartment~~ Apartment/Flat by the Allottee/s for any purposes other than for purpose for which it is sold. ~~xiv~~xii. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ apartment(s)/flat(s)/premises/units in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xvxiii. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the ~~Apartment~~ Apartment/Flat or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; ~~xvi~~xiv. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, car parking space/s or other open spaces forming a part or appurtenant to the Apartment/Flat/s in the Building, without the prior written permission of the Developer/~~Association/Apex body~~association/concerned authorities; ~~xvii~~xv. After possession of the ~~Apartment~~ Apartment/Flat is handed over the Allottee/s, the Allottee/s may insure the ~~Apartment~~ Apartment/Flat from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. ~~xviii~~xvi. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the ~~Registration Act~~Xxxxxxxxxxxx Xxx, ~~1908~~0000. ~~xix~~xvii. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the ~~Apartment~~ Apartment/Flat until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xxxviii. The Allottee/s shall observe and perform all the rules and ~~regulations, mandates~~ regulations which the ~~Association/Apex Body~~ society or the limited company or apex body or federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the ~~Apartment~~ Apartment/Flats therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the ~~Association~~society/~~Apex Body~~ limited company/apex body/federation regarding the occupancy and use of the ~~Apartment~~ Apartment/Flat in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. ~~xxi~~xix. Till ~~handing over~~ a conveyance of the ~~common areas~~ structure of the ~~Project Land/Subject Land~~ building in which ~~Apartment~~ Apartment/Flat is situated is ~~handed over to the Association~~executed in favour of society/~~Apex Body~~limited society, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xx. Till a conveyance of the project land on which the building in which Apartment/Flat is situated is executed in favour of Apex Body or federation, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Agreement for Sale

OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants, represents with the Developer as ~~follows:-~~follows :- i. At or before execution of this Agreement the Allottee/s- a. have fully satisfied themselves as to the title of the Owners and the right of the Developer in respect of the said Subject Land as well as Project Land; b. have inspected the plan sanctioned by the authorities concerned in respect of the building complex and the Apartment being constructed by the Developer and agrees not to raise any objection with regard thereto; c. have satisfied themselves about the Project layout and the future sanctions to be obtained and the future constructions to be made by the Developer on the said Subject Land; d. have verified the location and site of the said Apartment including the egress and ingress thereof and also the area of the ~~Apartment as~~ Apartmentas stated in this Agreement and agrees not to dispute the same; e. have acknowledged that the right of the Allottee/s shall remain restricted to the said Apartment; f. have acknowledged and given consents that the Developer shall be entitled to construct any additional area /structures and/or alter and/or modify the said Plan including change of use of any part or portion of the Project being constructed erected and completed on the said Project Land and development on the balance Subject Land in accordance with the terms of the relevant laws and as per the future sanction/approvals obtained by them. The Allottee/s shall have no objection thereto of the same. The right hereby reserved shall be available to the Developer until the complete optimization of the Subject Land. g. have satisfied themselves as to the total area in relation thereto to comprise in the said Apartment and also the common parts/portions which would be common for all the residents/occupants of the various Apartment comprised in the Project/Subject Land and the other Common Area as designated by the Developer in the Project/Subject Land and has agreed not to challenge or dispute the same in any manner whatsoever or however. ii. To maintain the Apartment at the Allottee/s’ own cost in good and tenantable repair and condition from the date that of possession of the ~~Apartment is~~ Apartmentis taken and shall not do or suffer to be done anything in or to the building in which the ~~Apartment is~~ Apartmentis situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. iii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iv. Further, the Allottee/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the completion of construction by the Developer as provided in Schedule ‘C’. v. Intimation forwarded by ~~Developer~~ Xxxxxxxxx to the Allottee/s that a particular stage of construction is initiated and/or completed shall be sufficient proof that a particular stage is initiated and/or completed and such proof shall be valid and binding upon the Allottee/s and the Allottee/s agree/s not to dispute the same. The Allottee/s hereby understand/s and agree/s that, save and except for the intimation from the Developer as provided under this Clause, it shall not be obligatory on the part of the Developer to send reminders regarding the payments to be made by the Allottee/s as per the payment schedule mentioned herein and the Allottee/s shall make all payment/s to the Developer on or before the due dates, time being the essence of this Agreement. vi. In case of any financing arrangement entered by the Allottee/s with any financial institution with respect to the purchase of the Apartment, the Allottee/s undertake/s to direct such financial institution to disburse/ pay and shall ensure that such financial institution does disburse/pay all such installment of Total Consideration amounts due and payable to Developer through an account payee cheque/demand draft drawn in favour of ~~“ORCHARD PH2B AT GODREJ SE7EN COLLECTION ACCOUNT~~“ ”. vii. If any of the payment cheques/banker’s cheque or any other payment instructions of/by the Allottee/s is/are not honored for any reason whatsoever, then the same shall be treated as default under this Agreement and the Developer may at its option be entitled to exercise the recourse available. Further, the Developer may, at its sole discretion, without prejudice to its other rights, charge a payment dishonor charge of Rs. 5,000/- (Rupees Five Thousand Only) for dishonor of a particular payment instruction for first instance and for second instance the same would be Rs. 10,000/- (Rupees Ten Thousand Only) (which charge shall be in addition to the Interest for delayed payment). Thereafter, no cheque will be accepted and payments shall be accepted through bank demand draft(s) only. viii. In the event, the Developer is required to refund any amounts in terms of this Agreement, the Developer may refund such amounts in the below Bank account. The Allottee/s agree to update the Developer of any change in the Bank account details immediately and shall not hold the Developer liable in case of Allottee’s failure in this regard. Name of Account Holder Bank Account No. Name of the Bank and Branch IFSC ix. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Developer to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. x. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated nor shall demand partition of the Allottee/s’ interest in the Apartment and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written permission of the Developer and/or the society or the limited company. xi. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Project Land/subject land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. xii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said ~~Apartment in~~ Apartmentin the compound or any portion of the Project Land/ Subject Land and the building in which the ~~Apartment is~~ Apartmentis situated. xiii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee/s for any purposes other than for purpose for which it is sold. xiv. Not cause any nuisance, hindrance, disturbance and annoyance to other Allottee/s of ~~apartments~~ apartment(s in the Building or other occupants or users of the Building, or visitors to the Building, and also occupiers of any adjacent, contiguous or adjoining properties; xv. Permit the Developer and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the Apartment or any part thereof, to view and examine the state and condition thereof or to repair the same, at the cost of the Allottee/s; xvi. Not to cover or enclose in any manner whatsoever, the open terrace/s, the open balcony/ies, verandah, parking space/s or other open spaces forming a part or appurtenant to the Apartment/s in the Building, without the prior written permission of the Developer/Association/Apex body/concerned authorities; xvii. After possession of the Apartment is handed over the Allottee/s, the Allottee/s may insure the Apartment from any loss, theft, damage caused due to human intervention or due to any act of god or other force majeure incident including fire, riot, strikes, earthquakes, natural calamity or any other cause beyond reasonable human control, and the Developer shall not be responsible for any loss/damage suffered thereafter. xviii. The Allottee/s and/or the Developer shall present this Agreement as well as the conveyance and / or any other document as may be required, in accordance to the provisions of the Registration Act, 1908. xix. The Allottee/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee/s to the Developer under this Agreement are fully paid up. xx. The Allottee/s shall observe and perform all the rules and regulations, mandates which the Association/Apex Body may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the Association/Apex Body regarding the occupancy and use of the ~~Apartment in~~ Apartmentin the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xxi. Till handing over of the common areas of the Project Land/Subject Land in which Apartment is situated is handed over to the Association/Apex Body, the Allottee/s shall permit the Developer and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof.

Appears in 1 contract

Samples: Sale Agreement

Common use of OBLIGATIONS, COVENANTS, REPRESENTATIONS OF ALLOTTEE/S Clause in Contracts