Common use of Obligations of the Allottee Clause in Contracts

Obligations of the Allottee. On and from the Date of Possession, the Allottee shall: • Co-operate in Management and Maintenance: co-operate in the management and maintenance of the Said Block and the Said Property by the Association. • Observing Rules: observe the rules framed from time to time by the Promoter/Association for the beneficial common enjoyment of the Said Block and the Said Property. • Paying Electricity Charges: pay for electricity and other utilities consumed in or relating to the said Unit and/or the Apartment and the Common Portions. • Meter and Cabling: be obliged to draw the electric lines/wires, television cables, broadband data cables and telephone cables to the said Unit only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Allottee or to the other Intending Allottee. The main electric meter shall be installed only at the common meter space in the Said Property. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables or pipes from, to or through any part or portion of the Said Block, the Said Property and outside walls of the Said Block save in the manner indicated by the Promoter or the Association (upon formation). • Residential Use: use the Apartment for residential purpose only. Under no circumstances shall the Allottee use or allow the Apartment to be used for commercial, industrial or other non-residential purposes. The Allottee shall also not use or allow the Apartment to be used as a religious establishment, hotel, guesthouse, service unit/apartment, mess, chummery, hostel, boarding house, restaurant, nursing home, club, school or other public gathering place. • No Alteration: not alter, modify or in any manner change the (1) elevation and exterior colour scheme of the Said Block and (2) design and/or the colour scheme of the windows, grills and the main door of the said Unit , without the permission in writing of the Promoter or the Association (upon formation). In the event the Allottee makes the said alterations/changes, the Allottee shall compensate the Promoter/ Association (as the case may be) as estimated by the Promoter/ Association. • No Structural Alteration: not alter, modify or in any manner change the structure or any civil construction in the said Unit and/or the Apartment or the Common Portions of the Said Block. • No Sub-Division: not sub-divide the Apartment and the Common Portions, under any circumstances. • No Changing Name: not change/alter/modify the name of the Said Complex or the Said Block from that mentioned in this Agreement. • No Nuisance and Disturbance: not use the Apartment or permit the same to be used in such manner or commit any act, which may in any manner cause nuisance or annoyance to other occupants of the Said Block and/or the neighboring properties and not make or permit to be made any disturbance or do or permit anything to be done that will interfere with the rights, comforts or convenience of other occupants. • No Storage in Common Portions: not store or cause to be stored and not place or cause to be placed any goods, articles or things in the Common Portions. • No Obstruction to Developer/Association: not obstruct the Promoter/ Association (upon formation) in their acts relating to the Common Portions and not obstruct the Promoter in constructing on the top roof of the Said Block and selling and granting rights to any person on any part of the Said Block/Said Property (excepting the Said Unit/Apartment). • No Obstruction of Common Portions: not obstruct pathways and passages or use the same for any purpose other than for ingress to and egress from the Apartment. • No Violating Rules: not violate any of the rules and/or regulations laid down by the Association for the use of the Common Portions. • No Throwing Refuse: not throw or accumulate or cause to be thrown or accumulated any dust, rubbish or other refuse in the Common Portions save at the places indicated therefor. • No Injurious Activities: not carry on or cause to be carried on any obnoxious or injurious activity in or through the Apartment or the Common Portions. • No Storing Hazardous Articles: not keep or store any offensive, combustible, obnoxious, hazardous or dangerous articles in the Apartment. • No Signage: not put up or affix any sign board, name plate or other things or other similar articles in the Common Portions or outside walls of the said Unit/Said Block save at the place or places provided therefor provided that this shall not prevent the Buyers from displaying a standardized name plate outside the main door of the said Unit. • No Floor Damage: not keep any heavy articles or things, which are likely to damage the floors or operate any machine save usual home appliances. • No Installing Generator: not install or keep or run any generator in the Apartment. • No Use of Machinery: not install or operate any machinery or equipment except household appliances. • No Misuse of Water: not misuse or permit to be misused the water supply to the said Unit. • No Overloading Lifts: not overload the passenger lifts and move goods only through the staircase of the Said Block. • Damages to Common Portions: not damage the Common Portions in any manner and if such damage is caused by the Allottee and/or family members, invitees or servants of the Allottee, the Allottee shall compensate for the same.

Appears in 2 contracts

Samples: Project Agreement, Agreement for Sale

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Obligations of the Allottee. On and from the Date of Possession, the Allottee shall: Co-operate in Management and Maintenance: co-operate in the management and maintenance of the Said Block and the Said Property by the Association. Observing Rules: observe the rules framed from time to time by the Promoter/Association for the beneficial common enjoyment of the Said Block and the Said Property. Paying Electricity Charges: pay for electricity and other utilities consumed in or relating to the said Unit and/or the Apartment and the Common Portions. Meter and Cabling: be obliged to draw the electric lines/wires, television cables, broadband data cables and telephone cables to the said Unit only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Allottee or to the other Intending Allottee. The main electric meter shall be installed only at the common meter space in the Said Property. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables or pipes from, to or through any part or portion of the Said Block, the Said Property and outside walls of the Said Block save in the manner indicated by the Promoter or the Association (upon formation). Residential Use: use the Apartment for residential purpose only. Under no circumstances shall the Allottee use or allow the Apartment to be used for commercial, industrial or other non-residential purposes. The Allottee shall also not use or allow the Apartment to be used as a religious establishment, hotel, guesthouse, service unit/apartment, mess, chummery, hostel, boarding house, restaurant, nursing home, club, school or other public gathering place. No Alteration: not alter, modify or in any manner change the (1) elevation and exterior colour scheme of the Said Block and (2) design and/or the colour scheme of the windows, grills and the main door of the said Unit , without the permission in writing of the Promoter or the Association (upon formation). In the event the Allottee makes the said alterations/changes, the Allottee shall compensate the Promoter/ Association (as the case may be) as estimated by the Promoter/ Association. No Structural Alteration: not alter, modify or in any manner change the structure or any civil construction in the said Unit and/or the Apartment or the Common Portions of the Said Block. No Sub-Division: not sub-divide the Apartment and the Common Portions, under any circumstances. No Changing Name: not change/alter/modify the name of the Said Complex or the Said Block from that mentioned in this Agreement. No Nuisance and Disturbance: not use the Apartment or permit the same to be used in such manner or commit any act, which may in any manner cause nuisance or annoyance to other occupants of the Said Block and/or the neighboring properties and not make or permit to be made any disturbance or do or permit anything to be done that will interfere with the rights, comforts or convenience of other occupants. No Storage in Common Portions: not store or cause to be stored and not place or cause to be placed any goods, articles or things in the Common Portions. No Obstruction to Developer/Association: not obstruct the Promoter/ Promoter/Association (upon formation) in their acts relating to the Common Portions and not obstruct the Promoter in constructing on the top roof of the Said Block and selling and granting rights to any person on any part of the Said Block/Said Property (excepting the Said Unit/Apartment). No Obstruction of Common Portions: not obstruct pathways and passages or use the same for any purpose other than for ingress to and egress from the Apartment. No Violating Rules: not violate any of the rules and/or regulations laid down by the Association for the use of the Common Portions. No Throwing Refuse: not throw or accumulate or cause to be thrown or accumulated any dust, rubbish or other refuse in the Common Portions save at the places indicated therefor. No Injurious Activities: not carry on or cause to be carried on any obnoxious or injurious activity in or through the Apartment or the Common Portions. No Storing Hazardous Articles: not keep or store any offensive, combustible, obnoxious, hazardous or dangerous articles in the Apartment. No Signage: not put up or affix any sign board, name plate or other things or other similar articles in the Common Portions or outside walls of the said Unit/Said Block save at the place or places provided therefor provided that this shall not prevent the Buyers from displaying a standardized name plate outside the main door of the said Unit. No Floor Damage: not keep any heavy articles or things, which are likely to damage the floors or operate any machine save usual home appliances. No Installing Generator: not install or keep or run any generator in the Apartment. No Use of Machinery: not install or operate any machinery or equipment except household appliances. No Misuse of Water: not misuse or permit to be misused the water supply to the said Unit. No Overloading Lifts: not overload the passenger lifts and move goods only through the staircase of the Said Block. Damages to Common Portions: not damage the Common Portions in any manner and if such damage is caused by the Allottee and/or family members, invitees or servants of the Allottee, the Allottee shall compensate for the same.

Appears in 2 contracts

Samples: Sale Agreement, Partnership Agreement

Obligations of the Allottee. On and from the Date of Possession, the Allottee shall: • Co-operate -operate in Management and Maintenance: co-operate in the management and maintenance of the Said Block and the Said Property by the Association. • Observing Rules: observe the rules framed from time to time by the Promoter/Association for the beneficial common enjoyment of the Said Block and the Said Property. • Paying Electricity Charges: pay for electricity and other utilities consumed in or relating to the said Unit and/or the Apartment and the Common Portions. • Meter and Cabling: be obliged ating to draw the electric lines/wires, television cables, broadband data cables and telephone cables to the said Unit only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Allottee or to the other Intending Allottee. The main electric meter shall be installed only at the common meter space in the Said Property. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables or pipes from, to or through any part or portion of the Said Block, the Said Property and outside walls of the Said Block save in the manner indicated by the Promoter or the Association (upon formation). • Residential Use: use the Apartment for residential purpose only. Under no circumstances shall the Allottee use or allow the Apartment to be used for commercial, industrial or other non-non- residential purposes. The Allottee shall also not use or allow the Apartment to be used as a religious establishment, hotel, guesthouse, service unit/apartment, mess, chummery, hostel, boarding house, restaurant, nursing home, club, school or other public gathering place. • No Alteration: not alter, modify or in any manner change the (1) elevation and exterior colour scheme of the Said Block and (2) design and/or the colour scheme of the windows, grills and the main door of the said Unit , without the permission in writing of the Promoter or the Association (upon formation). In the event the Allottee makes the said alterations/changes, the Allottee shall compensate the Promoter/ Association (as the case may be) as estimated by the Promoter/ Association. • No Structural Alteration: not alter, modify or in any manner change the structure or r any civil construction in the said Unit and/or the Apartment or the Common Portions of the Said Block. • No Sub-Division-Division: not sub-divide the Apartment and the Common Portions, under any circumstances. • No Changing Name: not change/alter/modify the name of the Said Complex or the Said Block from that mentioned in this Agreement. • No Nuisance and Disturbance: not use the Apartment or permit the same to be used in such manner or commit any act, which may in any manner cause nuisance or annoyance to other occupants of the Said Block and/or the neighboring properties and not make or permit to be made any disturbance or do or permit anything to be done that will interfere with the rights, comforts or convenience of other occupants. • No Storage in Common Portionsortions: not store or cause to be stored and not place or cause to be placed any goods, articles or things in the Common Portions. • No Obstruction to Developer/Association: not obstruct the Promoter/ Association (upon formation) in their acts relating to the Common Portions and not obstruct the Promoter in constructing on the top roof of the Said Block and selling and granting rights to any person on any part of the Said Block/Said Property (excepting the Said Unit/Apartment). • No Obstruction of Common Portionsortions: not obstruct pathways and passages or use the same for any purpose other than for ingress to and egress from the Apartment. • No Violating Rules: not violate any of the rules and/or regulations laid down by the Association for the use of the Common Portions. • No Throwing Refuse: not throw or accumulate or cause to be thrown or accumulated any dust, rubbish or other refuse in the Common Portions save at the places indicated therefor. • No Injurious Activities: not carry on or cause to be carried on any obnoxious or injurious activity in or through the Apartment or the Common Portions. • No Storing Hazardous Articles: not keep or store any offensive, combustible, obnoxious, hazardous or dangerous articles in the Apartment. • No Signage: not put up or affix any sign board, name plate or other things or other similar articles in the Common Portions or outside walls of the said Unit/Said Block save at the place or places provided therefor provided that this shall not prevent the Buyers from displaying a standardized name plate outside the main door of the said Unit. • No Floor Damage: not keep any heavy articles or things, which are likely to damage the floors or operate any machine save usual home appliances. • No Installing Generator: not install or keep or run any generator in the Apartment. • No Use of Machinery: not install or operate any machinery or equipment except household appliances. • No Misuse of Water: not misuse or permit to be misused the water supply to the said Unit. • No Overloading Lifts: not overload the passenger lifts and move goods only through the staircase of the Said Block. • Damages to Common Portions: not damage the Common Portions in any manner and if such damage is caused by the Allottee and/or family members, invitees or servants of the Allottee, the Allottee shall compensate for the same.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Obligations of the Allottee. On and from the Date date of Possessionpossession, the Allottee shall: • : (a) Co-operate in Management and Maintenance: co-operate in the management and maintenance of the Said Block Building and the Said Property by the Association. • Observing Rules: observe common areas; (b) Observe the rules framed from time to time by the Promoter/Association association of allottees for the beneficial common enjoyment of the Said Block Building and the Said Property. • Paying Electricity Charges: pay for electricity and other utilities consumed in or relating to the said Unit and/or the Apartment and the Common Portions. • Meter and Cabling: be obliged to draw the electric lines/wires, television cables, broadband data cables and telephone cables to the said Unit only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Allottee or to the other Intending Allottee. The main electric meter shall be installed only at the common meter space in the Said Property. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables or pipes from, to or through any part or portion of the Said Block, the Said Property and outside walls of the Said Block save in the manner indicated by the Promoter or the Association Project. (upon formation). • Residential Use: use the c) Use Apartment for residential purpose only. Under no circumstances shall the Allottee use or allow the Apartment to be used the Apartment for commercial, industrial or other non-residential purposes. The Allottee shall also not use or allow the Apartment to be used as a religious establishment, hotelguest house, guesthouse, service unit/serviced apartment, mess, chummery, hostel, boarding househotel, restaurant, nursing home, club, school or other public gathering place. • No Alteration: not alter, modify or in any manner change the . (1d) elevation and exterior colour scheme of the Said Block and (2) design and/or the colour scheme of the windows, grills and the main door of the said Unit , without the permission in writing of the Promoter or the Association (upon formation). In the event the Allottee makes the said alterations/changes, the Allottee shall compensate the Promoter/ Association (as the case may be) as estimated by the Promoter/ Association. • No Structural Alteration: not alter, modify or in any manner change the structure or any civil construction in the said Unit and/or Not use the Apartment or the Common Portions of the Said Block. • No Sub-Division: not sub-divide the Apartment and the Common PortionsParking Space, under any circumstances. • No Changing Name: not change/alter/modify the name of the Said Complex or the Said Block from that mentioned in this Agreement. • No Nuisance and Disturbance: not use the Apartment if any, or permit the same to be used in such manner or commit any act, which may in any manner cause nuisance or annoyance to other occupants of the Said Block Building/Project and/or the neighboring properties and not make or permit to be made any disturbance or do or permit anything to be done that will interfere with the rights, comforts or convenience of other occupants. • No Storage in Common Portions: not . (e) Not store or cause to be stored and not place or cause to be placed any goods, articles or things in the Common Portions. • No Obstruction to Developer/Association: not obstruct the Promoter/ Association Areas. (upon formationf) in their acts relating to the Common Portions and not obstruct the Promoter in constructing on the top roof of the Said Block and selling and granting rights to any person on any part of the Said Block/Said Property (excepting the Said Unit/Apartment). • No Obstruction of Common Portions: not Not obstruct pathways and passages or use the same for any purpose other than for ingress to and egress from the Apartment. • No Violating Rules: not Apartment and the Parking Space, if any; (g) Not violate any of the rules and/or regulations laid down by the Association Promoter and/or the association of allottees for the use of the Common Portions. • No Throwing Refuse: not Areas. (h) Not throw or accumulate or cause to be thrown or accumulated any dust, rubbish or other refuse in the Common Portions Areas save at the places indicated therefor. • No Injurious Activities: not thereof. (i) Not carry on or cause to be carried on any illegal or obnoxious or injurious activity in or through the Apartment Apartment, the Parking Space, if any or the Common Portions. • No Storing Hazardous Articles: not keep or store any offensiveAreas. (j) Give to the allottees of the other apartments, combustiblethe necessary vertical, obnoxious, hazardous or dangerous articles horizontal and lateral support for their apartments and reciprocate and recognize the rights of the other apartment allottees in the Apartment. • No Signage: not put up or affix any sign boardProject. (k) Become and remain a member of the association of allottees, name plate or other things or other similar articles to be formed by and consisting of all the allottees in the Common Portions Project, for the purpose of attending to the various matters of common interest, including repairs, maintenance, white washing, painting, etc within the residential complex and to maintain the roads, compound walls and all other common areas. For this purpose, the Allottee will execute the power of attorney, declaration as provided under the West Bengal Apartment Ownership Act, 1972 and Rules thereof. The Allottee will observe and perform the terms and conditions, bye laws and the rules and regulations laid down by the Promoter when the Association of Allottees is not formed and also rules and regulations prescribed by such Association of Allottees; (l) Use all sewers, drains and water lines now in or outside walls upon or hereafter to be erected and installed in the residential complex in common with the other apartment allottees and permit free passage of water, sanitary, electrical lines, through and along the same or any of them and to share with the other apartment allottees, the cost of repairing and maintaining all such sewers, drains and water lines as also the cost of maintaining and repairing all common amenities such as common roads, staircases, etc., and to use the same as aforesaid and/ or in accordance with the rules, regulations, bye laws and terms and conditions of the association of allottees. (m) Not park any vehicles in any part of the said Unit/Said Block save at Land, except in the place parking area which shall be specifically allocated and earmarked for the Allottee. (n) Indemnify and keep the Promoter saved, harmless and indemnified in respect of all losses, damages, claims, demands, costs, proceedings and actions arising due to any non-payment or places provided therefor provided that this shall not prevent other default of the Buyers from displaying a standardized name plate outside Allottee in compliance of the main door terms and conditions contained in these presents. (o) Not damage or demolish or cause to be damaged or demolished the Apartment or any part thereof or the fittings and fixtures affixed thereto. (p) Not close or permit the closing of verandahs or lounges or balconies or lobbies and common parts. (q) Not permit to be done any act or thing which may render void or make voidable any insurance in respect of the Apartment or any part of the Building or cause increased premium to be payable in respect thereof if the Building is insured. (r) Not overload and/or draw excess electricity so as to cause overloading of the electricity connection. (s) Not fix or install any window antenna on the roof or terrace of the said Unit. • No Floor Damage: not keep building nor shall fix any heavy articles antenna. (t) Not object to the sale of any unsold stock by the Promoter to any other person and/or persons as the Promoter in their absolute discretion may deem fit and proper. (u) Not use the allocated car parking space or thingspermit the same to be used for any other purpose whatsoever other than parking of its own car/cars. (v) Not park car on the pathway or open spaces of the building or at any other spaces except the space allotted to it and shall use the pathways as would be decided by the Promoter. (w) Not let, which are likely or part with possession of the Parking Space excepting as a whole with the Apartment to damage the floors or operate any machine save usual home appliances. • No Installing Generator: not install or keep or run any generator anyone else excepting to a person who owns another apartment in the Apartment. • No Use of Machinery: not install or operate any machinery or equipment except household appliances. • No Misuse of Water: not misuse or permit to be misused Building. (x) Not encumber the water supply to the said Unit. • No Overloading Lifts: not overload the passenger lifts and move goods only through the staircase of the Said Block. • Damages to Common Portions: not damage the Common Portions Apartment in any manner and if such damage is caused except for raising the housing loan from any reputed financial institute or bank, etc for payment of the Total Price under this agreement, prior to conveyance of the Apartment by the Allottee and/or family members, invitees or servants of Promoter to the Allottee, the Allottee shall compensate for the same.

Appears in 1 contract

Samples: Sale Agreement

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Obligations of the Allottee. On 13.1 The Allottee shall not let, sub-let, sell, transfer, convey, mortgage, charge or in any ways encumber or deal with or dispose off the said Unit or assign, underlet, give on leave and from license, part with possession of his interest under or the Date benefit of Possessionthis Agreement or any part thereof, till all dues or whatsoever nature owing to the Promoter are fully paid and only if the Allottee shall: • Co-operate has not been guilty of breach or non- compliance with any of the terms and conditions of this Agreement and until he obtains previous consent in Management writing of the Promoter. 13.2 The Allottee shall observe and Maintenance: co-operate in perform all the management rules and regulations which the Association/Maintenance Agency may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for the protection and maintenance of the Said Block said Buildings and the Said Property by the Association. • Observing Rules: observe the rules framed from time to time by the Promoter/Association for the beneficial common enjoyment of the Said Block and the Said Property. • Paying Electricity Charges: pay for electricity and other utilities consumed in or relating to the said Unit and/or therein and for the Apartment observance and the Common Portions. • Meter and Cabling: be obliged to draw the electric lines/wires, television cables, broadband data cables and telephone cables to the said Unit only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Allottee or to the other Intending Allottee. The main electric meter shall be installed only at the common meter space in the Said Property. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables or pipes from, to or through any part or portion performance of the Said Blockbuilding rules, regulations and bye-laws for the Said Property and outside walls time being in force of the Said Block save in the manner indicated by the Promoter or the Association (upon formation). • Residential Use: use the Apartment for residential purpose only. Under no circumstances shall the Allottee use or allow the Apartment to be used for commercial, industrial or concerned local authorities and Government and other non-residential purposespublic bodies. The Allottee shall also observe all the stipulations and conditions laid down by the Association regarding the occupation and use of the said Unit in the said Building and shall contribute and pay regularly and punctually all the taxes, expenses and other outgoings due and payable by him in accordance with the terms of the Agreement. 13.3 The Allottee hereby covenants to keep the said Unit, wall, drains, pipes and appurtenant thereto in good repair condition and in particular so as to support shelter and protect the parts of building other than the said Unit. 13.4 The Allottee shall not use or allow the Apartment door permit to be used as a religious establishment, hotel, guesthouse, service unit/apartment, mess, chummery, hostel, boarding house, restaurant, nursing home, club, school done any act or other public gathering place. • No Alteration: thing which may render void or voidable any insurance or any Unit in or any part of the said Building or cause any increased premium to be payable in respect thereof. 13.5 The Allottee shall not alter, modify or decorate the exterior of the said Unit otherwise than in any manner change agreed to by the Promoter or in the manner as near as may be in which the same as previously decorated. There will be no dish connections allowed to be mounted in the elevation part of the Building and in balconies. 13.6 The Allottee shall not throw dirt, rubbish, rags or other refuse or permit the same to be thrown outside the said Unit. The Allottee shall not keep any goods or belongings outside the said Unit or in the said Building. 13.7 The Allottee shall at no time demand partition of his share in the said Land or part thereof and/or the said Building and/or wing/s and/or the said Unit and Car Parking Spaces and the same shall always remain undivided and impartible.The Allottee shall not at any time or under any circumstances demolish or cause to demolish the said Unit or any part thereof. The Allottee shall not permit the closing of verandah or lounge or balconies (1railings and sliding’s provided are standard for all Units) or make any alterations in the elevation and exterior outside colour scheme of the Said Block and (2) design and/or said Unit to be acquired by him without the colour scheme prior written consent of the windowsPromoter. 13.8 The Allottee shall maintain at his own cost, grills the said Unit in the same good condition, state and order in which it is delivered to him and shall abide by all Bye-laws, Rules and regulations of the Government, or of any other authorities and all notices for violation of any of the conditions or Rules or Bye-laws and shall observe and perform all the terms and conditions contained in this agreement. The Allottee shall permit the Promoter and their surveyors or agents with or without workmen and others at all reasonable times to enter into and upon the said Unit or any part thereof to view and examine and state and condition thereof and the main door Allottee agrees to make good within two months all defects, decays and want of repair of which notice in written shall be given by the Promoter to the Allottee. 13.9 The Allottee shall permit the Promoter and their surveyors and agents with or without workmen and others at all reasonable times to enter into and upon the said Unit or any part thereof for the purpose of viewing and repairing of any part thereof of the said Unit Building and for the purpose of making, without maintaining, rebuilding, cleaning, lighting and keeping in order and good conditions all services, drains, pipes, cables, water cover, gutter, wires, party wall, structures or other conveniences belonging to or used for the permission in writing said Building and also for the purpose of laying downs, maintaining, repairing and for similar purpose of cutting of the Promoter water supply to or any or the Association (upon formation). In Units of the event said Building in respect whereof the Allottee makes the said alterations/changes, the Allottee shall compensate the Promoter/ Association (or occupier prior of such other Units as the case may be) as estimated by the Promoter/ Association. • No Structural Alteration: maybe, shall have made default in paying his share of water tax. 13.10 The Allottee shall not alter, modify or in any manner change the structure or any civil construction in use the said Unit and/or the Apartment or the Common Portions of the Said Block. • No Sub-Division: not sub-divide the Apartment and the Common Portions, under any circumstances. • No Changing Name: not change/alter/modify the name of the Said Complex or the Said Block from that mentioned in this Agreement. • No Nuisance and Disturbance: not use the Apartment or permit the same to be used in such manner or commit for any act, which may in any manner cause nuisance or annoyance to purpose whatsoever other occupants of than permitted under the Said Block and/or the neighboring properties existing Rules and not make or permit to be made any disturbance or do or permit anything to be done that will interfere with the rights, comforts or convenience of other occupants. • No Storage in Common Portions: not store or cause to be stored and not place or cause to be placed any goods, articles or things in the Common Portions. • No Obstruction to Developer/Association: not obstruct the Promoter/ Association (upon formation) in their acts relating to the Common Portions and not obstruct the Promoter in constructing on the top roof of the Said Block and selling and granting rights to any person on any part of the Said Block/Said Property (excepting the Said Unit/Apartment). • No Obstruction of Common Portions: not obstruct pathways and passages or regulations nor use the same for any purpose other than for ingress which may or shall be likely to and egress from cause nuisance or annoyance to the Apartment. • No Violating Rules: not violate any occupiers of the rules and/or regulations laid down by the Association for the use of the Common Portions. • No Throwing Refuse: not throw or accumulate or cause to be thrown or accumulated any dust, rubbish or other refuse Units in the Common Portions save at building and the places indicated thereforneighbouring properties and shall not indulge in any illegal or immoral purpose. • No Injurious Activities: not carry on or cause to be carried on any obnoxious or injurious activity in or through the Apartment or the Common Portions. • No Storing Hazardous Articles: The Allottee shall not keep or store in the said Unit any offensive, combustible, obnoxious, goods or hazardous or dangerous articles in combustible or obnoxious nature or which are too heavy to effect the Apartment. • No Signage: not put up or affix any sign board, name plate or other things or other similar articles in construction of the Common Portions or outside walls structure of the said Unit/Said Block save at Building. 13.11 The Allottee hereby covenants with the place or places provided therefor provided that Promoter to pay amounts liable to be paid by the Allottee as agreed under this Agreement and to observe and perform the covenants and conditions except so far as the same ought to be observed by the Promoter. 13.12 The Allottee shall not prevent let, sub-let, transfer, assign or part with Allottee’s interest or benefit arising out of this Agreement or part with the Buyers from displaying a standardized name plate outside the main door possession of the said Unit. • No Floor Damage: not keep any heavy articles or things, which are likely to damage Unit until all the floors or operate any machine save usual home appliances. • No Installing Generator: not install or keep or run any generator in the Apartment. • No Use of Machinery: not install or operate any machinery or equipment except household appliances. • No Misuse of Water: not misuse or permit to be misused the water supply to the said Unit. • No Overloading Lifts: not overload the passenger lifts and move goods only through the staircase of the Said Block. • Damages to Common Portions: not damage the Common Portions in any manner and if such damage is caused dues payable by the Allottee and/or family membersto the Promoter under this Agreement are fully paid and only if the Allottee had not been guilty of breach or non-observance of any of the terms and conditions of this Agreement and until the Allottee has intimated in writing to the Promoter. 13.13 The Allottee is aware of the applicability of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, invitees or servants 1972 (as amended upto 2012), which bars transfer of land to non- agriculturists (subject to certain conditions mentioned therein) with respect of purchase of the Unit in the said Project. The Allottee is aware that he is responsible to procure appropriate permissions under the aforesaid provisions from the concerned authorities (and keep them renewed, if necessary) and therefore shall be required to pay such fees and charges (over and above the Sale Consideration and Additional Outgoings) as may be required by the concerned authorities. Upon the request of the Allottee, the Promoter may assist in the process of procuring the said permission, on behalf of the Allottee. The Allottee shall compensate timely pay such fees and charges for the samesaid Unit and proportionately for the Project to the Promoter without any objection or reservation. Further, the Allottee shall submit and sign all such deeds, documents and papers as may be required to submit and receive the said permission. The Allottee shall be required to receive this permission in his name, no later than offer of possession (as mentioned later on) by the Promoter. In the event, application/ permission of the Allottee is rejected or revoked by the concerned authorities, the Promoter shall terminate this Agreement and terms of forfeiture, as mentioned herein shall be applicable. 13.14 On the termination of this Agreement in the manner as stipulated hereinabove a sum equivalent to 10% (ten per cent) of the Consideration of the said Unit will stand ipso facto adjusted by the Promoter as and by way of agreed liquidated damages (not amounting to penalty) without any reference or recourse to the Allottee. The Promoter shall, after a period of 30 (thirty) days, refund to the Allottee the balance amount (i.e. amount paid by Allottee to the Promoter less the amount which the Promoter is entitled to adjust as aforesaid), if any, without any interest only after deducting and / or adjusting from the balance amounts, interest on delayed payments, Service Tax, VAT, GST and / or any other amount due and payable by the Allottee and/ or paid by the Promoter on behalf / account of the Allottee in respect of the said Unit, by tendering a cheque of the same to the Allottee in an absolute discharge of its obligation of refund (irrespective of whether or not the Allottee accepts / encashes the cheque).

Appears in 1 contract

Samples: Agreement for Sale

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