Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same. 15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds. 15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:- 15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank); 15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); 15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely. 15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser. 15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 37 contracts
Samples: Proclamation of Sale, Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to o a maximum 6 years preceding preceeding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaserpurchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rentrent and assessment rate, assessment rate and maintenance charges ONLY which is lawful lawfully due i.e, i.e. which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum sums not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 25 contracts
Samples: Facilities Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. i.e which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rentrent and assessment rate, assessment rate and maintenance charges ONLY which is lawful lawfully due i.e, i.e. which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum sums not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-ALWAYS:
15.3.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 23 contracts
Samples: Facilities Agreement and Deed of Assignment of Sale and Purchase Agreement, Facilities Agreement, Facility Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to o a maximum 6 years preceding preceeding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaserpurchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rentrent and assessment rate, assessment rate and maintenance charges ONLY which is lawful lawfully due i.e, i.e. which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum sums not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 15.2.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in 15.2.3 In the event such relevant receipt receipts of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit chargesinterest, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with with, incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay to the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 15 contracts
Samples: Deed of Assignment, Facilities Agreement, Facility Agreement
Outgoings. 15.1 Apportionment Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that apportionment on any arrears of quit rent, assessment rate and maintenance charges charge ONLY which is lawfully due i.e. ie which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Bank shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-ALWAYS: -
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 9 contracts
Samples: Facilities Agreement, Facilities Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Financier shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 7 contracts
Samples: Musharakah Mutanaqisah Master Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement, Musharakah Mutanaqisah Master Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s 's receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety Ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s 's Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 3 contracts
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to a maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaserpurchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rentrent and assessment rate, assessment rate and maintenance charges ONLY which is lawful lawfully due i.e, i.e. which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum sums not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 3 contracts
Samples: Facility Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. i.e which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rentrent and assessment rate, assessment rate and maintenance charges ONLY which is lawful lawfully due i.e, i.e. which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum sums not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 3 contracts
Samples: Musharakah Mutanaqisah Master Agreement, Facilities Agreement Musharakah Mutanaqisah and Deed of Assignment, Property Sale Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to a maximum 6 years preceding preceeding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaserpurchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rentrent and assessment rate, assessment rate and maintenance charges ONLY which is lawful lawfully due i.e, i.e. which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum sums not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 2 contracts
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared clear ed funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 2 contracts
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for f or approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 2 contracts
Samples: Facilities Agreement, Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that apportionment on any arrears of quit rent, assessment rate and maintenance charges charge ONLY which is lawfully due i.e. ie which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Bank shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-ALWAYS: -
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 15.2.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in 15.2.3 In the event such relevant receipt receipts of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 15.3 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit chargesinterest, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with with, incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 15.4 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay to the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 2 contracts
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no n o deduction whatsoever from purchase price.
Appears in 2 contracts
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Facilities Agreement and Deed of Assignment
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared clear ed funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 2 contracts
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement, Proclamation of Sale
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate 14.1 You shall pay Outgoings (plus goods and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up services tax if any) to the date Trust. The Outgoings are specified in the First Schedule.
14.2 You shall pay the Outgoings by monthly instalments in advance on the first day of sale each month, except that at the commencement of this agreement you shall pay the first monthly instalment plus any additional amount for occupancy of less than a month. Your liability to pay the Outgoings will continue even though you may temporarily vacate the unit.
14.3 The Trust may increase or vary the Outgoings to cover any increase in costs, increase in goods and services tax or additional service costs to be paid by all residents of the Bank upon receipt Village. Before any increase or variation to the Outgoings the Trust will consult with you and the other residents in the Village giving prior notice of full auction proceeds any increase. The Trust will send a copy of any notice increasing the Outgoings to the Statutory Supervisor.
14.4 If in error an Outgoing is not included in the monthly instalment figure this fee will be included in the next monthly instalment and any such sums due and payable after the date of sale shall will be borne backdated by the PurchaserTrust. Successful Bidder is urge to submit their claim You agree any Outgoing not charged, but the cost of which has been incurred by the Trust, will be payable by you on demand.
14.5 The Outgoings will be calculated by dividing the total expenses incurred for the benefit of the Village or levied against the Village by the aggregate number of units completed. The Trust may vary the proportion where in the reasonable opinion of the Trust any particular outgoing has been incurred for the benefit of one or more residents whether in whole or in part. When varying the proportion payable by a resident or residents the Trust will give notice to the Bank within sixty (60) days from affected resident or residents and will consult with the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender residents.
14.6 You shall not be liable to make payment pay Outgoings in respect of any:
(a) Part of the Village which is under construction; or
(b) Other construction works; or
(c) Further development of the Village.
14.7 As soon as practicable after the end of the Trust’s financial year (but no later than three (3) months after the end of the financial year) the Trust will give you a statement from a chartered accountant certifying that the Trust has applied moneys paid by you for the Outgoings, together with reasonable particulars of the actual Outgoings for the year or deduct from period then ended. Any overpayment will be credited to residents.
14.8 On termination of this agreement, you shall pay an apportioned instalment for Outgoings based on the proceeds number of sale any outstanding utilities/bills relating days remaining in that month (subject to clause 35.4 of this agreement) to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilitiesdate the Trust receives payment for an occupation right agreement for the unit from an incoming resident. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that The final instalment will include any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared fundsOutgoings.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 2 contracts
Samples: Occupation Right Agreement, Occupation Right Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property prope rty shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 Xxx 0000 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations calculat ions as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no n o deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Proclamation of Sale
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared clear ed funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no n o deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement
Outgoings. 15.1 Apportionment (a) The Tenant must pay the Tenant’s Proportion of Outgoings to the Landlord.
(b) The Landlord may require the Tenant to pay the Tenant’s Proportion of any Outgoings item:
(i) by equal monthly instalments in advance on or before the first day of each month. If the Commencement Date is not the first day of a month, the first and last instalments during the Term will be proportionate; or
(ii) in full within 14 days of demand by the Landlord and either directly to the Landlord or to the relevant Authority or supplier.
(c) If the Landlord directs the Tenant to pay any arrears item of quit rentOutgoings directly to a third party, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up then the Tenant must (on request) provide to maximum 6 years preceding the successful auction date Landlord all receipts in respect of the property up payment.
(d) Prior to the commencement of each Financial Year, the Landlord will notify the Tenant of the Landlord’s estimate of the Outgoings payable by the Tenant for that Financial Year.
(e) The Landlord may amend the Landlord’s estimate at any time (by giving notice to the Tenant) and the Tenant must pay the Tenant’s Proportion of the Outgoings in accordance with the Landlord’s revised estimate from the date of sale shall be receipt of that notice.
(f) Within 3 months after the end of each Financial Year or as soon as is practicable after that period, the Landlord must give the Tenant a statement of the actual Outgoings for that Financial Year. If the statement discloses that:
(i) the Tenant's Proportion of the actual Outgoings is more than the Outgoings that have been paid by the Bank upon receipt of full auction proceeds and any such sums due and payable Tenant, then the Tenant must pay the deficiency to the Landlord within 14 days after the date of sale shall be borne the Landlord’s statement; or
(ii) the Tenant's Proportion of the actual Outgoings is less than the Outgoings that have been paid by the Purchaser. Successful Bidder is urge to submit their claim Tenant, then the Landlord must credit the excess to the Bank within sixty Tenant in the next monthly statement or refund the difference.
(60g) days If there is a variation of any area relevant to the calculation of the amount of the Tenant's Proportion:
(i) the Tenant's Proportion is to be correspondingly varied from the date the variation of payment the area takes effect; and
(ii) the Landlord will notify the Tenant of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by variation of the Bank Tenant's Proportion and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the effective date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solelyvariation as soon as is practicable.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Lease
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate 14.1 You shall pay Outgoings (plus goods and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up services tax if any) to the date Trust. The Outgoings are specified in the First Schedule.
14.2 You shall pay the Outgoings by monthly instalments in advance on the first day of sale each month, except that at the commencement of this agreement you shall pay the first monthly instalment plus any additional amount for occupancy of less than a month. Your liability to pay the Outgoings will continue even though you may temporarily vacate the unit.
14.3 The Trust may increase or vary the Outgoings to cover any increase in costs, increase in goods and services tax or additional service costs to be paid by all residents of the Bank upon receipt Village. Before any increase or variation to the Outgoings the Trust will consult with you and the other residents in the Village giving prior notice of full auction proceeds any increase. The Trust will send a copy of any notice increasing the Outgoings to the Statutory Supervisor.
14.4 If in error an Outgoing is not included in the monthly instalment figure this fee will be included in the next monthly instalment and any such sums due and payable after the date of sale shall will be borne backdated by the PurchaserTrust. Successful Bidder is urge to submit their claim You agree any Outgoing not charged, but the cost of which has been incurred by the Trust, will be payable by you on demand.
14.5 The Outgoings will be calculated by dividing the total expenses incurred for the benefit of the Village or levied against the Village by the aggregate number of units completed. The Trust may vary the proportion where in the reasonable opinion of the Trust any particular outgoing has been incurred for the benefit of one or more residents whether in whole or in part. When varying the proportion payable by a resident or residents the Trust will give notice to the Bank within sixty (60) days from affected resident or residents and will consult with the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender residents.
14.6 You shall not be liable to make payment pay Outgoings in respect of any:
(a) Part of the Village which is under construction; or
(b) Other construction works; or
(c) Further development of the Village.
14.7 As soon as practicable after the end of the Trust’s financial year (but no later than three (3) months after the end of the financial year) the Trust will give you a statement from a chartered accountant certifying that the Trust has applied moneys paid by you for the Outgoings, together with reasonable particulars of the actual Outgoings for the year or deduct from period then ended. Any overpayment will be credited to residents.
14.8 On termination of this agreement, you shall pay an apportioned instalment for Outgoings based on the proceeds number of sale any outstanding utilities/bills relating days remaining in that month to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilitiesdate the Trust receives payment for an occupation right agreement for the unit from an incoming resident. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that The final instalment will include any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared fundsOutgoings.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Occupation Right Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Financier shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no n o deduction whatsoever from purchase price.
Appears in 1 contract
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate 14.1 You shall pay Outgoings (plus goods and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up services tax if any) to the date Trust. The Outgoings are specified in the First Schedule.
14.2 You shall pay the Outgoings by monthly instalments in advance on the first day of sale each month, except that at the commencement of this Agreement you shall pay the first monthly instalment plus any additional amount for occupancy of less than a month. Your liability to pay the Outgoings will continue even though you may temporarily vacate the Unit.
14.3 The Trust may increase or vary the Outgoings to cover any increase in costs, increase in goods and services tax or additional service costs to be paid by all residents of the Bank upon receipt Village. Before any increase or variation to the Outgoings the Trust will consult with you and the other residents in the Village giving prior notice of full auction proceeds any increase. The Trust will send a copy of any notice increasing the Outgoings to the Statutory Supervisor.
14.4 If in error an Outgoing is not included in the monthly instalment figure this fee will be included in the next monthly instalment and any such sums due and payable after the date of sale shall will be borne backdated by the PurchaserTrust. Successful Bidder is urge to submit their claim You agree any Outgoing not charged, but the cost of which has been incurred by the Trust, will be payable by you on demand.
14.5 The Outgoings will be calculated by dividing the total expenses incurred for the benefit of the Village or levied against the Village by the aggregate number of units completed. The Trust may vary the proportion where in the reasonable opinion of the Trust any particular outgoing has been incurred for the benefit of one or more residents whether in whole or in part. When varying the proportion payable by a resident or residents the Trust will give notice to the Bank within sixty (60) days from affected resident or residents and will consult with the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender residents.
14.6 You shall not be liable to make payment pay Outgoings in respect of any:
(a) Part of the Village which is under construction; or
(b) Other construction works; or
(c) Further development of the Village.
14.7 As soon as practicable after the end of the Trust’s financial year (but no later than three (3) months after the end of the financial year) the Trust will give you a statement from a chartered accountant certifying that the Trust has applied moneys paid by you for the Outgoings, together with reasonable particulars of the actual Outgoings for the year or deduct from period then ended. Any overpayment will be credited to residents.
14.8 On termination of this Agreement, you shall pay an apportioned instalment for Outgoings based on the proceeds number of sale any outstanding utilities/bills relating days remaining in that month (subject to clause 35.4 of this agreement) to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilitiesdate the Trust receives payment for an occupation right agreement for the unit from an incoming resident. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that The final instalment will include any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared fundsOutgoings.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Occupation Right Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate 10.1. The Purchaser shall pay the Maintenance Deposit and maintenance other charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date as mentioned in respect of the property up to the date of sale shall be paid clause 3.3 hereinabove as and when demanded by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the PurchaserPromoter. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it It is hereby agreed that the Maintenance Deposit is interest free and adjustable towards the other outgoing charges due from the Purchaser In the event, if there is deficit and if there is any arrears deficit in respect of quit rentprovisional monthly contribution of maintenance during the Promoter making payment of all the outgoings as mentioned above, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for the Purchaser shall forthwith on demand pay to the Promoter his proportionate share to make up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse such deficit. The Purchaser undertakes to pay any sum such provisional monthly contribution and thereafter such proportionate share of outgoings and charges regularly on the 5th day of each and every month in advance and shall not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and withhold the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations for any reason whatsoever. Failure on the part of the Purchaser to pay the monthly contribution within the stipulated time shall entitle the Promoter to cut off the essential supply to the Flat. Such essential supply shall be restored only after the Purchaser shall have cleared all outstanding utilities bills namely waterarrears as aforesaid. It is further herein specifically provided that, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges the Purchaser shall be entitled to the possession of personal nature due and the Flat on payment of entire consideration amount payable to the Promoter by the Assignor Purchaser under the terms of this Agreement and further only after the Promoter has received the occupation certificate from the concerned authorities in respect of the Flat. However, if the Purchaser desires to have possession of the relevant authority or Flat after the Developersame is ready and fit for occupation, before the grant of the occupation certificate by the concerned authorities and provided the Purchaser has paid the entire consideration amount as per the terms of this Agreement, then the possession of the Flat shall be taken by the Purchaser at his own risk and costs. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the such an event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer necessary enhanced charges/penalties that may be levied by the concerned authorities if the possession of the Flat is taken by the Purchaser before the grant of occupation certificate.
10.2. It is agreed that’s save and except point no. [●] and [●] in respect of amounts mentioned in Clause [], the Promoter is not liable to render accounts, however for the amount collected under other heads, the Promoter shall hand over the deposits or balance thereof, if any, to the Society as aforesaid. In the event of any additional amount becoming payable, the Purchaser shall forthwith on its own demand pay and there deposit the difference to the Promoter. The aforesaid amount/deposit shall be no deduction whatsoever from purchase pricenot carry any interest.
10.3. The Purchaser hereby agrees to bear and pay any statutory dues including not limited to GST on any of the amounts collected by the Promoter as setout in Clause [3.3] hereto.
Appears in 1 contract
Samples: Sale Agreement
Outgoings. 15.1 Apportionment Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that apportionment on any arrears of quit rent, assessment rate and unpaid maintenance charges ONLY which is lawfully due i.e. ie which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Bank shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-ALWAYS: -
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 15.2.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in ; In the event such relevant receipt receipts of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 15.3 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit chargesinterest, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with with, incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 15.4 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay to the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Istisna’ Agreement and Deed of Assignment of Rights Under Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (( 60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for f or approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on (a) Infrastructure tax, or any arrears development/ betterment charges service tax or deposits if demanded by or to be paid to the Panchayat, or any Governing body, or any other Competent Authority incidental to the SAID FLAT shall be payable by the PURCHASER in the manner to be determined by the building. The PURCHASER agree/s to pay to the SELLER/DEVELOPER within seven days of quit rentdemand, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect such share of the property up PURCHASER of such charges or deposit.
(b) The PURCHASER shall be liable to bear and pay all and any other taxes, duties, charges, premia, levies, cesses, surcharges such as GST, Service Tax and other Taxes as are or as may be levied by the State or Central Government or any other Authority and arising from or incidental to the date sale of sale the SAID FLAT by the SELLER/DEVELOPER to the PURCHASER before or after taking the possession of the SAID FLAT as and when such taxes, duties etc. become due and such payment shall be effected within seven days in demand and the PURCHASER shall exclusively be liable for any delay in payment thereof. If any of such taxes, duties etc. shall have already been paid by the Bank upon receipt SELLER/DEVELOPER, the PURCHASER shall be liable to reimburse the same together with interest accrued thereon to the SELLER/DEVELOPER and the PURCHASER hereby agree/agrees to indemnify and keep indemnified the SELLER/DEVELOPER from or against all loss or damage suffered or incurred by the SELLER/DEVELOPER as a result of full auction proceeds and non- payment by the PURCHASER of any such sums due and payable after taxes, duties etc.
(c) Any taxes, charges or outgoings levied by the date of sale Panchayat/Municipality/Corporation or any other Competent Authority exclusively pertaining to the SAID FLAT shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days PURCHASER from the date of payment Occupancy Certificate, irrespective of balance purchase money whether the PURCHASER has/have taken the possession of the SAID FLAT or not.
(or any extended period allowed d) It is hereby expressly agreed that the PURCHASER shall bear the stamp duty and Registration charges, process fee as well as Advocates fees payable on this Agreement and all documents executed by the Bank); any subsequent claims made thereunder will not be entertained by SELLER/DEVELOPER pursuant hereto including the Bank and proportionate stamp duty payable on the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds Deed of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions Conveyance which may be imposed executed by the Developer on the Bank SELLER/DEVELOPER in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale favour of the subject property shall be paid by the Bank out PURCHASER of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 SAID FLAT in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solelysaid Housing Complex known as “MERCY RESIDENCY”.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Construction Agreement
Outgoings. 15.1 Apportionment Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that apportionment on any arrears of quit rent, assessment rate and maintenance charges charge ONLY which is lawfully due i.e. ie which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Bank shall not be liable to make payment or to deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-ALWAYS: -
15.3.1 15.2.1 that the Bank is in receipt of the balance purchase money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 15.2.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in 15.2.3 In the event such relevant receipt receipts of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 15.3 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit chargesinterest, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with with, incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 15.4 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay to the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Financier shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-ALWAYS:
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Outgoings. 15.1 Apportionment 3.2.1 To defray or in the absence of direct assessment on any arrears the Premises to pay to the Landlord a fair proportion (to be conclusively determined by the Landlord) of quit rent, assessment rate all existing and maintenance future rates taxes assessments charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date and outgoings payable in respect of the property Premises or any part thereof by any estate owner landlord tenant or occupier thereof (save only for any occasioned by the receipt of Rents or as a result of any disposition of or dealing with or the ownership of any estate or interest expectant in reversion on the termination of the Term other than a deemed disposal or dealing arising as a consequence of any act or default of the Tenant its undertenants licensees agents or servants)
3.2.2 To pay to the Landlord on demand the amount of any rates or surcharge payable by the Landlord after the termination of the Term through the Landlord's inability to claim void rate relief for the maximum period (commencing with the date of termination of the Term) which would have been allowed had the Premises been occupied up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment termination of the property including Term
3.2.3 Not to agree any revival cost valuation of the Premises for abandoned project (if any) shall also be borne solely by rating purposes or agree any alteration in the successful Purchaser. Intending Purchaser shall make his own inquiries rating list in respect thereof and without the Purchaser shall be deemed to have full knowledge prior written consent of the same.Landlord (such consent not to be unreasonably withheld or delayed)
15.2 Notwithstanding 3.2.4 Not to make any contrary terms and conditions which may be imposed by proposal to alter the Developer on rating list so far as the Bank in granting the consent list relates to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding Premises or lodge an appeal in respect thereof without the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale prior written consent of the subject property shall Landlord (such consent not to be paid by unreasonably withheld or delayed)
3.2.5 Without prejudice to clause 3.12 forthwith upon receipt to provide the Bank out Landlord with a copy of the balance purchase money and in any event upon the Bank’s receipt notice of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (an alteration or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 proposed alteration in the event such relevant receipt of rating list which will or may affect the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.Premises
Appears in 1 contract
Samples: Lease (Hawker Pacific Aerospace)
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectric ity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for f or approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Financier shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser Purc xxxxx shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever whats oever from purchase price.
Appears in 1 contract
Samples: Property Sale Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY Promptly to pay the Outgoings which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding are now or may during the successful auction date Term be payable in respect of the property up Property or its owner or occupier except any payment occasioned by any disposition of or dealing with the ownership of any estate or interest expectant in reversion on the Term [provided always that if any Outgoings are payable in respect of the Retained Land as well as the Property without apportionment to pay a fair and proper proportion of the same to be conclusively determined by the Landlord acting reasonably;] To pay for all Amenities exclusively used by or available to the date Property (including all standing charges); To observe and perform all present and future regulations and requirements of sale the authorities or companies supplying or providing the Amenities. Repair and Upkeep At all times during the Term to keep the Property (including for the avoidance of doubt all buildings structures landscaping and other erections) in a state of good and substantial repair and condition and decoration and to renew and replace the same in so far as shall be paid by necessary in order to comply with the Bank upon receipt of full auction proceeds obligation to keep the Property in good and any such sums due and payable after substantial repair provided that the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Tenant shall not be liable in breach of this covenant if and for so long as disrepair arises due to make payment damage caused to the Property by any of the Insured Risks and the Tenant is diligently pursuing its insurance claim and reinstating such damage; To keep the Property clean and tidy; To notify the Landlord in writing immediately if any structural damage occurs to the Property. Access of Landlord and Notice to Repair To permit the Landlord and all persons authorised by the Landlord (with or deduct from without equipment) upon reasonable prior notice to the proceeds Tenant (but at any time without notice in case of sale emergency) to enter the Property as follows:- in the final 3 years of the Term in order to take inventories of any outstanding utilities/bills Fixtures and Fittings to be yielded up at the end of the Term; at reasonable intervals during the Term in order to view and examine the state of repair and condition of the Property and to give to the Tenant or the Tenant's agent or leave on the Property notice in writing to the Tenant of all breaches of any of the tenant covenants in this Lease relating to the property namely water, electricity, telephone, gas condition or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment repair of the property including any revival cost for abandoned project Property (if any“Repair Notice”) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed Tenant covenants (subject to have full knowledge of the same.
15.2 Notwithstanding having obtained any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent necessary consents to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.erequired works, which is unpaid for up the Tenant shall use all reasonable endeavours to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barredobtain as soon as possible) to any relevant authority or repair and make good the Developer up Property according to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own such notice and the relevant receipts of covenants in that behalf contained in this Lease within the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.following time periods:-
Appears in 1 contract
Samples: Development Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared clear ed funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities authorit ies and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facility Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate 10.1. The Purchaser shall pay the Maintenance Deposit and maintenance other charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date as mentioned in respect of the property up to the date of sale shall be paid clause 3.3 hereinabove as and when demanded by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the PurchaserDeveloper. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it It is hereby agreed that the Maintenance Deposit is interest free and adjustable towards the other outgoing charges due from the Purchaser In the event, if there is deficit and if there is any arrears deficit in respect of quit rentprovisional monthly contribution of maintenance during the Developer making payment of all the outgoings as mentioned above, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for the Purchaser shall forthwith on demand pay to the Developer his proportionate share to make up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse such deficit. The Purchaser undertakes to pay any sum such provisional monthly contribution and thereafter such proportionate share of outgoings and charges regularly on the 5th day of each and every month in advance and shall not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and withhold the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations for any reason whatsoever. Failure on the part of the Purchaser to pay the monthly contribution within the stipulated time shall entitle the Developer to cut off the essential supply to the Flat. Such essential supply shall be restored only after the Purchaser shall have cleared all outstanding utilities bills namely waterarrears as aforesaid. It is further herein specifically provided that, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges the Purchaser shall be entitled to the possession of personal nature due and the Flat on payment of entire consideration amount payable to the Developer by the Assignor Purchaser under the terms of this Agreement and further only after the Developer has received the occupation certificate from the concerned authorities in respect of the Flat. However, if the Purchaser desires to have possession of the relevant authority or Flat after the Developersame is ready and fit for occupation, before the grant of the occupation certificate by the concerned authorities and provided the Purchaser has paid the entire consideration amount as per the terms of this Agreement, then the possession of the Flat shall be taken by the Purchaser at his own risk and costs. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the such an event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the necessary enhanced charges/penalties that may be levied by the concerned authorities if the possession of the Flat is taken by the Purchaser before the grant of occupation certificate.
10.2. It is agreed that’s save and except point no. [●] and [●] in respect of amounts mentioned in Clause [], the Developer is not liable to render accounts, however for the amount collected under other heads, the Developer shall hand over the deposits or balance thereof, if any, to the Society as aforesaid. In the event of any additional amount becoming payable, the Purchaser shall forthwith on its own demand pay and there deposit the difference to the Developer. The aforesaid amount/deposit shall be no deduction whatsoever from purchase pricenot carry any interest.
10.3. The Purchaser hereby agrees to bear and pay any statutory dues including not limited to GST on any of the amounts collected by the Developer as setout in Clause [3.3] hereto.
Appears in 1 contract
Samples: Sale Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate Throughout the Term to bear and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect pay a fair proportion of the property up rates land rent taxes and other charges of every nature and kind which now or may hereafter be assessed or imposed on the Land by the Government or by any local authority or any other authority (the “Outgoings”) AND IT IS HEREBY AGREED AND DECLARED that for the purpose of this Clause the fair proportionate part of the Outgoings shall be determined by the proportion which the Demised Premises bears to the date total area of sale the Land AND IT IS HEREBY AGREED AND DECLARED that the amount so ascertained and payable by the Tenant shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after Tenant on the date fixed for payment of sale Rent next after demand for payment shall have been made on the Tenant and shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days recoverable from the date Tenant as Rent and in case of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and dispute arising from this Clause the same shall be borne by referred to an Arbitrator in accordance with the Purchaser solelyArbitration Act or any other law in that behalf for the time being in force. To pay the suppliers of, and to indemnify the Landlord against, all charges for electricity water and telephone usage at or in relation to the Demised Premises. The Assignee/Lender Tenant shall be entitled to construct on the Demised Premises permanent or semi-permanent structures for the cultivation, propagation and harvesting of horticultural or floricultural produce of whatever kind and thereafter farm and cultivate the Demised Premises in accordance with the rules of good husbandry and so as not to injure or deteriorate the same; All Movables and Improvements (hereinafter defined) shall be liable the property of the Tenant and unless otherwise agreed between the parties hereto on the termination of this Lease or the determination of the Term for any reason whatsoever the Tenant shall be entitled to make payment remove or deduct uproot them as the case may be from the proceeds Demised Premises causing as little damage as possible; At the expiry of sale any outstanding utilities/bills relating the Term or on earlier determination of such Term the Tenant shall remove from the Demised Premises all the Movables and tear down all Improvements prior to the property namely water, electricity, telephone, gas expiration or sewerage charges, administration charges termination of this Lease leaving the Demised Premises in a good and other utilities. All other fees, costs and charges relating tidy condition having regard to the transfer state and assignment condition of the property including any revival cost for abandoned project Demised Premises as at the Commencement Date (if anyfair wear and tear excepted) shall also be borne solely by the successful Purchaser. Intending Purchaser and shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding good any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent damage caused thereby to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate Landlord’s reasonable satisfaction and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding failing such removal the successful auction date (the Bank reserves Landlord shall have the right to refuse to pay dispose of any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject Tenant’s property shall be paid remaining on the Premises and the Land after the expiry Six (6) months from the expiration or termination of this Lease without any liability to or claim by the Bank out Tenant; Notwithstanding the provision of Clause 4.4.3 above, the balance purchase money Landlord may at its sole option and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid by giving to the Purchaser Tenant Fourteen (14) days’ notice in writing of its intention to purchase the Movables and Improvements from the Tenant at a price to be agreed between the parties; For the purposes of this Lease, the expression “Movables” shall include without limitation all assets capable of being moved and shall include all pumps diesel or electric motor engines cooling and refrigeration equipment greenhouses movable irrigation pumps prefabricated staff houses field lighting and electrical equipment as well as crops rose bushes and any improvements of a movable nature made or constructed by the Bank PROVIDED ALWAYS:-
15.3.1 that Tenant on the Bank is in receipt of Demised Premises; and the balance money within ninety (90) days from the date of the auction (or expression “Improvements” shall mean any extended period allowed improvements made by the Bank);
15.3.2 that Tenant during the Purchaser has duly settled currency of this Lease which do not fall within the outstanding charges on its own and the relevant receipts definition of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 Movables set out in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solelythis Clause.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Lease Agreement
Outgoings. 15.1 Apportionment on 6.1 The Tenant shall pay and indemnify the Landlord against all rates, taxes, assessments, impositions, duties, charges and outgoings of an annual or regularly recurring nature now or at any arrears time during the Term payable by the owner or occupier of quit rent, assessment rate and maintenance charges ONLY which is lawfully or otherwise due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up Premises (except any tax assessed on the Landlord or any Superior Landlord in respect of its ownership of rental income from or any dealing with its reversionary interest)
6.2 Where this Lease requires the Tenant to pay repay reimburse or provide any amount or other consideration in respect of a Value Added Tax supply to the date of sale shall be paid Tenant by the Bank upon receipt of full auction proceeds and any Landlord such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (amount or any extended period allowed by the Bank); any subsequent claims made thereunder other consideration will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge be exclusive of any Value Added Tax chargeable on that Value Added Tax supply (whether by virtue of a Value Added Tax Election made or to be made otherwise) and the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent Tenant covenants to pay to the sale herein (if applicable), it Landlord a sum equivalent to that Value Added Tax and keep the Landlord indemnified against all such Value Added Tax save in so far as the Landlord is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up unable to recover the same as an input credit so long as the Landlord provides the Tenant with a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid receipted VAT invoice addressed to the Purchaser by Tenant
6.3 If the Bank PROVIDED ALWAYS:-
15.3.1 that Landlord has an option whether or not to charge VAT the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded Tenant hereby irrevocably consents to the Bank within sixty Landlord freely exercising that option to the extent from time to time permitted by law
6.4 The Tenant shall pay and indemnify the Landlord against all charges for electricity gas and other services consumed at the Premises
6.5 To pay a reasonable proportion (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 to be settled in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed dispute by the Bank), any subsequent claims made there under will not be entertained by the Bank Landlord’s Surveyor acting fairly and the same reasonably whose decision shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4binding) of the Housing Development expense (Control including compensation for damage and Licensingdisturbance) Act 1966 of repairing maintaining cleansing and lighting (where necessary) all roadways passageways paths and yards and all party walls or fences and all gutters pipes sewers drains watercourses channels conduits ducts flues wires cables or other easements or appurtenances used or enjoyed or to obtain copies be used or enjoyed or capable of being used or enjoyed in common by the occupier or owner of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty Premises and the registration fees occupier or owner of any adjoining or neighbouring premises such proportion to be paid within 21 days of written demand and in connection with incidental default to or pursuant to this Memorandum and be recoverable by the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.Landlord as rent arrear
Appears in 1 contract
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Financier shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D 22 D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no n o deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof ther eof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to t o pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facility Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender Financier shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser Purc xxxxx shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Property Sale Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (( or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof ther eof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricityelectricit y, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost cos t the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental incide ntal to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent conse nt to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no n o deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facilities Agreement and Assignment of Sale and Purchase Agreement
Outgoings. 15.1 Apportionment on any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawfully due i.e. which is unpaid for up to maximum 6 years preceding the successful auction date in respect of the property up to the date of sale shall be paid by the Bank upon receipt of full auction proceeds and any such sums due and payable after the date of sale shall be borne by the Purchaser. Successful Bidder is urge to submit their claim to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank); any subsequent claims made thereunder will not be entertained by the Bank and the same shall be borne by the Purchaser solely. The Assignee/Lender shall not be liable to make payment or deduct from the proceeds of sale any outstanding utilities/bills relating to the property namely water, electricity, telephone, gas or sewerage charges, administration charges and other utilities. All other fees, costs and charges relating to the transfer and assignment of the property including any revival cost for abandoned project (if any) shall also be borne solely by the successful Purchaser. Intending Purchaser shall make his own inquiries in respect thereof and the Purchaser shall be deemed to have full knowledge of the same.
15.2 Notwithstanding any contrary terms and conditions which may be imposed by the Developer on the Bank in granting the consent to the sale herein (if applicable), it is hereby agreed that any arrears of quit rent, assessment rate and maintenance charges ONLY which is lawful due i.e, which is unpaid for up to a maximum of 6 years preceding the successful auction date (the Bank reserves the right to refuse to pay any sum not lawfully due and/or those sums that are time barred) to any relevant authority or the Developer up to date of auction sale of the subject property shall be paid by the Bank out of the balance purchase money and in any event upon the Bank’s receipt of the balance purchase money in cleared funds.
15.3 The above outstanding charges shall only be paid to the Purchaser by the Bank PROVIDED ALWAYS:-
15.3.1 that the Bank is in receipt of the balance money within ninety (90) days from the date of the auction (or any extended period allowed by the Bank);
15.3.2 that the Purchaser has duly settled the outstanding charges on its own and the relevant receipts of the outstanding charges duly paid are forwarded to the Bank within sixty (60) days from the date of payment of balance purchase money (or any extended period allowed by the Bank);
15.3.3 in the event such relevant receipt of the outstanding charges duly paid are not submitted within sixty (60) days from the date of payment of purchase money (or any extended period allowed by the Bank), any subsequent claims made there under will not be entertained by the Bank and the same shall be borne by the Purchaser solely.
15.4 Herein shall imposed obligations on the part of the Purchaser to pay all outstanding utilities bills namely water, electricity, telephone, sewerage, Indah Water Konsortium Sdn. Bhd. charges, profit charges, fines, penalties or other charges of personal nature due and payable by the Assignor to the relevant authority or the Developer. Further, it shall be the duty of the Purchaser to obtain at their own cost the particulars as stated in Section 22D (4) of the Housing Development (Control and Licensing) Act 1966 and to obtain copies of the outstanding charges from the relevant authorities and/or the total amount due to the Developer under the Sale and Purchase Agreement and to forward copies thereof together with the calculations as to the apportionment of the respective parties liability thereof to the Bank’s Solicitors for f or approval. The Purchaser shall bear the Administrative Fee to the Developer and pay all fees and expenses including but not limited to all legal fees, stamp duty and the registration fees in connection with incidental to or pursuant to this Memorandum and the Assignment Assi gnment and all other documents necessary for effecting the transfer or assigning the beneficial ownership in the property to the Purchaser.
15.5 In the event there is any balance money by way of outstanding progressive payments payable or any other claims and due to the Developer under the principal Sale and Purchase Agreement, the Purchaser shall be liable to pay the Developer on its own and there shall be no deduction whatsoever from purchase price.
Appears in 1 contract
Samples: Facility Agreement