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Common use of Possession Date Clause in Contracts

Possession Date. 6.1.1 The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on September, 2022 ,unless (a) there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project (“Force Majeure”) or (b) such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court. Except for occurrence of the events specified in (a) or (b) above, if the Promoter fails to complete or is unable to give possession of the Apartment to the Allottee on the date specified in this Clause 6.1.1, then the Promoter shall be in default under Clause Error! Reference source not found. below and the consequences stated therein shall ensue. 6.1.2 If the completion of the Project is delayed due to either (a) or (b) as provided in Clause 6.1.1 above, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment, provided that such conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to either (a) or (b) above, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she/ it shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Possession Date. 6.1.1 The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place place, on September31st August 2020, 2022 ,unless (a) there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project (“Force Majeure”) or (b) such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court. Except for occurrence of the events specified in (a) or (b) above, if the Promoter fails to complete or is unable to give possession of the Apartment to the Allottee on the date specified in this Clause 6.1.1, then the Promoter shall be in default under Clause Error! Reference source not found. 13.1 below and the consequences stated therein shall ensue. 6.1.2 If the completion of the Project is delayed due to either (a) or (b) as provided in Clause 6.1.1 above, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment, provided that such conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to either (a) or (b) above, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she/ it shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

Possession Date. 6.1.1 6.1.1. The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project Phase IA in place on September, 2022 ,[•] unless (a) there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project Phase IA (“Force Majeure”) or (b) such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court. Except for occurrence of the events specified in (a) or (b) above, if the Promoter fails to complete or is unable to give possession of the Apartment to the Allottee on the date specified in this Clause 6.1.1, then the Promoter shall be in default under Clause Error! Reference source not found. Clause 13.1 below and the consequences stated therein shall ensue. 6.1.2 6.1.2. If the completion of the Project Phase IA is delayed due to either (a) or (b) as provided in Clause Clause 6.1.1 above, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment, provided that such conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project Phase IA due to either (a) or (b) above, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she/ it shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

Possession Date. 6.1.1 The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on SeptemberJune, 2022 ,unless (a) there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project (“Force Majeure”) or (b) such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court. Except for occurrence of the events specified in (a) or (b) above, if the Promoter fails to complete or is unable to give possession of the Apartment to the Allottee on the date specified in this Clause 6.1.1, then the Promoter shall be in default under Clause Error! Reference source not found. below and the consequences stated therein shall ensue. 6.1.2 If the completion of the Project is delayed due to either (a) or (b) as provided in Clause 6.1.1 above, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment, provided that such conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to either (a) or (b) above, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she/ it shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

Possession Date. 6.1.1 The Promoter Developer assures to hand over possession of the Apartment Unit to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place place, on September31st December 2022, 2022 ,unless (a) there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project (“Force Majeure”) or (b) such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court. Except for occurrence of the events specified in (a) or (b) above, if the Promoter Developer fails to complete or is unable to give possession of the Apartment Unit to the Allottee on the date specified in this Clause 6.1.1, then the Promoter Developer shall be in default under Clause Error! Reference source not found. below and the consequences stated therein shall ensue. 6.1.2 If the completion of the Project is delayed due to either (a) or (b) as provided in Clause 6.1.1 above, then the Allottee agrees that the Promoter Developer shall be entitled to extension of time for delivery of possession of the ApartmentUnit, provided that such conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the Project due to either (a) or (b) above, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. The Promoter Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she/ it shall not have any rights, claims, etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

Possession Date. 6.1.1 The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on Septemberin March 2022, 2022 ,unless (a) there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project (“Force Majeure”) or (b) such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court. Except for occurrence of the events specified in (a) or (b) above, if the Promoter fails to complete or is unable to give possession of the Apartment to the Allottee on the date specified in this Clause 6.1.1, then the Promoter shall be in default under Clause Error! Reference source not found. 13.1 below and the consequences stated therein shall ensue. 6.1.2 If the completion of the Project is delayed due to either (a) or (b) as provided in Clause 6.1.1 above, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment, provided that such conditions conditions/circumstances are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Project to implement the Project be implemented due to either (a) or (b) above, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she/ it shall not have any rights, claims, etc. against the Promoter or/and the Developer and that the Promoter and the Developer shall be released and discharged from all its their respective obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement