Common use of POSSESSION OF THE APARTMENT/PLOT Clause in Contracts

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 32 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

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POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 27 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 23 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Apartment / Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Apartment/ Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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 17 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is Apartmentis the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place Apartment on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she he/she/they/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. Procedure for taking possession:The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the Apartmentto the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project.

Appears in 12 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plotplot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , Kolkata unless there is delay or failure due to war, floodfloor, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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 11 contracts

Samples: 202.61.117.163, 202.61.117.163, 202.61.117.163

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications], amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she 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. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee - After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee shall be returned by the promoter to the Allottee within 45 days of such cancellation.

Appears in 10 contracts

Samples: See Rule 91 Agreement for Sale, See Rule 91 Agreement for Sale, See Rule 91 Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, floodfloor, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“{‘Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions condition then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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 8 contracts

Samples: And, And, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/PlotApartment / Flat] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/PlotApartment/ Flat] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Flat along with number of car parking space along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/PlotApartment/ Flat], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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 7 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [(Apartment/Plot] - The Promoter ) the promoter agrees and understands that timely delivery of possession of the [(Apartment/Plot] plot) to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, be is the essence of the Agreement. The Promoter assures to hand over possession of the [(Apartment/Plot] ) along with ready and complete common areas with all specifications, amenities and facilities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, and earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force project(Force Majeure”). If, ) if however, the completion of the Project is delayed due to the Force force Majeure conditions then the Allottee allotted agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [(Apartment/Plot], provided plot). Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, that in the event it becomes impossible for the Promoter promoter to implement the project due to Force Majeure force majeure conditions, then this allotment shall stand terminated and the Promoter promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allotteeallottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against Against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 6 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, Apartment is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place Apartment on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she he/she/they/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. Procedure for taking possession: The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project.

Appears in 6 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on on---------------------- -- , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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 6 contracts

Samples: rera.rajasthan.gov.in, rera.rajasthan.gov.in, rera.rajasthan.gov.in

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , 31st.August,2019 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apartment . Provided that such Force Majeure 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 if becomes impossible for the Promoter to implement the project due to Force Majeure conditions, 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 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he / she 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 5 contracts

Samples: 202.61.117.163, 202.61.117.163, 202.61.117.163

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , or before 26.02.2025 unless there is delay or failure due to war, flood, droughtdraught, fire, fire cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allottee within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue occupancy certificate or within 15 days from the date of receipt of demand notice/intimation, whichever is earlier. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formations, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/Association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the Apartment/Plot, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , …………….. unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ………….. unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [ApartmentFlat/Plot/Duplex] - The Promoter agrees and understands that timely delivery of possession of the [ApartmentFlat/Plot/Duplex] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [ApartmentFlat/Plot/Duplex] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on [DATE OF DELIVERY] , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 days 1 year from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 4 contracts

Samples: Draft Agreement for Sale, Draft Agreement for Sale, Draft Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on by ………, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee within 60 forty-five days from that datedate on which termination becomes effective, subject to the availability of the funds. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 4 contracts

Samples: rera.rajasthan.gov.in, rera.rajasthan.gov.in, rera.rajasthan.gov.in

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Apartment / Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on December, 2020 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ………….. unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Apartment / Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Apartment/ Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , Asansol unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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 3 contracts

Samples: Agreement for Sale, Agreement for Sale, 202.61.117.163

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31/03/2022, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee / Purchaser and the common areas to the association Association of allottees Allottees / Purchasers or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , 31/12/2022 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee / Purchaser agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) / Purchaser (s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee / Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottee / Purchaser, the Allottee agrees / Purchaser agreed that he/ he/she 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. It is pertinent to mention here that owing to pandemic a 12 months extension for completion of construction on the said property has been amicably decided by The Land Owners and the Promoter.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Plot].—The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. , The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , on...............unless 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 real estate project ("Force Majeure."). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided ] : Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she 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. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 3 contracts

Samples: Agreement for Sale, 202.61.117.163, 202.61.117.163

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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 3 contracts

Samples: 202.61.117.163, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - office – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] office to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] office along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , in 4 years unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided office. Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee Allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st March, 2024 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project project is delayed due to the Force Majeure conditions condition then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Plot Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, that in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, 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 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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: Agreement for Sale‐cum‐assignment, Agreement for Sale Cum Assignment

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , 28th June 2025 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , on…………..unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, be is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on __ _ , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and Allotteeand the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , unless on1st February 2023unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 01.12.2022 , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment- The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to Apartmentto the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on uptill December 2019, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June, 2020 with 9 months grace period unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Apartment / Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Apartment/ Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 19th November, 2020 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Plot - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Plot to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , on or before 31st August 2022 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 2 contracts

Samples: Agreement for Sub Lease, Agreement for Sub Lease

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - Apartment – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , or before 31/12/2021 unless there is delay or failure due to war, flood, droughtdraught, fire, fire cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided theApartment. Provided that such Force Majeure 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 Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allottee within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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.. Procedure for taking possession — The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/ plot, as the case may be, to the allottee at the time of conveyance of the same. Failure of Allottee to take Possession of [Apartment/Plot] — Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement. and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2. such Allottee shall continue to he liable to pay maintenance charges as specified in para

Appears in 2 contracts

Samples: Agreement for Sale, 202.61.117.163

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , on31st January 2019 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. Procedure for taking possession — The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/ plot, as the case may be, to the allottee at the time of conveyance of the same.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - Apartment – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , or before09/09/2019 unless there is delay or failure due to war, flood, droughtdraught, fire, fire cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided theApartment. Provided that such Force Majeure 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 Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allottee within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31/03/2018, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Duplex - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Duplex to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Duplex along with ready and complete common areas with all specifications, amenities and facilities of the project in place on Xxxxxxx Divine City Project, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Duplex, provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Apartment / Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Apartment/ Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , 20/02/2024 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Owner/Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Owner/Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place Apartmentfor fitout possession as per specification on , or before 27months unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project project is delayed due to the Force Majeure conditions condition then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Apartment provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, that in the event it becomes impossible for the Owner/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Owner/Promoter shall refund to the Allottee the entire amount received by the Owner/Promoter from the allotment within 60 45 days from that date. The promoter Owner/Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Owner/Promoter and that the Owner/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Draft Aggrement, Draft Aggrement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/PlotApartment ] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specificationson, amenities and facilities of the project in place on , unless Unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled been titled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she 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. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case maybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 2 contracts

Samples: Agreement for Sale, Seerule9] Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Annexure „a‟ Agreement for Sale, Annexure „a‟ Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 31-07-2023 -- , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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. Procedure for taking possession- The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment/ Plot, to the Allottee(s) in terms of this Agreement to be taken within 2 (two) months from the date of issue of occupancy certificate. Provided that, in the absence of local law, the conveyance deed in favor of the Allottee shall be carried out by the Promoter within three months from the date of issue of occupancy certificate. The Promoter agrees and undertakes to indemnify the Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The Promoter shall handover the occupancy certificate of the Apartment/ Plot, as the case may be, to the Allottee at the time of conveyance of the same. Failure of Allottee to take possession of Apartment/ Plot- Upon receiving a written intimation from the Promoter as per Term No. 7.2 above, the Allottee(s) shall take possession of the Apartment/ Plot from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment/ Plot to the Allottee(s). In case the Allotte1e(s) fails to take possession within the time provided as per Term No. 7.2 above, such Allottee shall continue to be liable to pay maintenance charges as specified under Term No. 7.2 above. Possession of the Allottee- After obtaining the occupancy certificate and handing over physical possession of the Apartment/ Plot to the Allottee, it shall be the responsibility of the Promoter to handover the necessary documents and plan, including common areas to the Maintenance Society or the competent authority, as the case may be, as per the local laws: Provided that, in the absence of any local law, the Promoter shall handover the necessary documents and plans, including common areas, to the Maintenance Society or the competent authority, as the case may be, within thirty days after obtaining the completion certificate. Cancellation by Allottee- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee(s) proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee(s) shall be returned by the Promoter to the Allottee(s) within forty-five days of such cancellation.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ..........unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/ plot, as the case may be, to the allottee at the time of conveyance of the same. Failure of Allottee to take Possession of [Apartment/Plot] - Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall take possession of the [Apartment Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2. such Allottee shall continue to he liable to pay maintenance charges as specified in para 7.2. Possession by the Allottee —After obtaining the occupancy certificate and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottee or the competent authority, as the case may be, as per the local laws;[Provided that, in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after obtaining the completion certificate]. Cancellation by Allottee - The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the Lake Pearl Valley project in place on 31/12/2022, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June, 2020 with 9 months grace period unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 30.09.2018 , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: rera.rajasthan.gov.in

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Apartment / Plot]–The Promoter agrees and understands andunderstands that timely delivery of possession of the [Apartment/Apartment/ Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be shallbe entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specificationson, amenities and facilities of the project in place on , unless Unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled been titled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she 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. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case maybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within 90 days of receiving the occupancy certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] along with Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on , on…………..unless 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 of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed delalyed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure Majcure 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 Promoter/Developer to implement the project due to Force Majeure Xxxxxx conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

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POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 18/10/2017, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready Apartment on or before and that of complete common areas with all specifications, amenities and facilities of the project in place on or before , subject to timely execution of work by competent authority / Government agencies which fall under their scope of work unless 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 real estate project or any change in govt. rules and regulations beyond the control of the Developer (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment-The Promoter/Plot] - The Promoter Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , on…………..unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Allott ee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and Allotteeand the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on 13th February, 2023 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said plot [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the plot [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the plot [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31/12/2027, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the plot [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is Apartmentis the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place Apartment on , unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she he/she/they/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. Procedure for taking possession: The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession poss ession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over of possession of the [Apartment/Plot] ) along with ready and complete common areas with all alt specifications, amenities and facilities of the project in place on , 30/4/2023 (30TH April 2023) unless 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 real estate project (" Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for tor delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, then this allotment shall stand terminated and the thg Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to warwas, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , _ unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre- ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Apartment / Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Apartment/ Plot] to the allottee Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on December, 2020 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Plot - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Plot to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said [Apartment/Plot] - -The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottee or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ……………, and 9 months grace period unless 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 of' the real estate project ("Force Majeure''). If, however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure Xxxxxx conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on on------------------ -- , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be s h a l l Be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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. Procedure for taking possession- The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment/ Plot, to the Allottee(s) in terms of this Agreement to be taken within 2 (two) months from the date of issue of occupancy certificate. Provided that, in the absence of local law, the conveyance deed in favor of the Allottee shall be carried out by the Promoter within three months from the date of issue of occupancy certificate. The Promoter agrees and undertakes to indemnify the Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The Promoter shall handover the occupancy certificate of the Apartment/ Plot, as the case may be, to the Allottee at the time of conveyance of the same. Failure of Allottee to take possession of Apartment/ Plot- Upon receiving a written intimation from the Promoter as per Term No. 7.2 above, the Allottee(s) shall take possession of the Apartment/ Plot from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment/ Plot to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided as per Term No. 7.2 above, such Allottee shall continue to be liable to pay maintenance charges as specified under Term No. 7.2 above. Possession of the Allottee- After obtaining the occupancy certificate and handing over physical possession of the Apartment/ Plot to the Allottee, it shall be the responsibility of the Promoter to handover the necessary documents and plan, including common areas to the Maintenance Society or the competent authority, as the case may be, as per the local laws: Provided that, in the absence of any local law, the Promoter shall handover the necessary documents and plans, including common areas, to the Maintenance Society or the competent authority, as the case may be, within thirty days after obtaining the completion certificate. Cancellation by Allottee - the Allottee shall have the right to cancel/withdraw his Allotment in the Project as provided in the Act: Provided that where the Allottee(s) Proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the booking amount paid for the allotment. The Balance amount of money paid by the Allottee(s) shall be returned by the Promoter to The Allottee(s) within forty-five days of such cancellation.

Appears in 1 contract

Samples: Agreement to Sell

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures a ssures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees agr ees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the t he Promoter from the allotment within 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall s hall 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 31.03.2024 , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: rera.rajasthan.gov.in

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Flat/Unit – The Promoter Promoter/ Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Flat/Unit to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over handover possession of the [Apartment/Plot] Flat/Unit along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , 31.12.2023 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Flat/Unit, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter/Developer shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: rera.rajasthan.gov.in

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said plot [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the plot [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the plot [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 14/08/2020, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the plot [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Plot].—The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. , The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless 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 real estate project ("Force Majeure."). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided ] : Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - Apartment – The Promoter agrees and understands that timely delivery thattimelydelivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association theassociation of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreementagreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common completecommon areas with all specifications, amenities and facilities of the project in place on , unless 31/12/2023unless there is delay or failure due to war, flood, ,food,drought, ,fire, ,cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate Continued to page 8 project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force force Majeure conditions then the Allottee agrees that the Promoter promoter shall be entitled to the extension theextension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract Contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible Impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment thisAllotment shall stand terminated and the Promoter promoter shall refund to the Allottee the entire amount received amountReceived by the Promoter promoter from the allotment within 60 45 days from that date. The promoter shall intimate the allottee Allottee about such termination at least thirty 30 days prior to such termination. After refund AfterRefund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against Against the Promoter and that the Promoter shall be released and discharged from all its obligations itsObligations and liabilities under this Agreement.

Appears in 1 contract

Samples: 202.61.117.163

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said plot [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the plot [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the plot [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31/03/2022, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the plot [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - , : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] , to the allottee Allottee and the common areas Common Areas to the association Association of allottees or the competent authority, as the case may beAllottees , is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot, /Unit] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on / /20 with a grace period of six months (Completion date) . Similarly, the Promoter shall execute the Conveyance of the entire undivided or inseparable land underneath all buildings jointly or otherwise, within three months from the date of issue of occupancy certificate to the last of the building or wing in the layout and such the Common areas will be handed over progressively on completion of each phase unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity calamity, order, rule, notification of the government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said [Apartment/Plot] - -The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] along with Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on , on…………..unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure Xxxxxx conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on _, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association Association of allottees or the competent authority, as the case may beAllottees , is the essence of the AgreementAgreement . The Promoter assures to hand over possession of the [Apartment/Apartment/ Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , with a grace period of six months (Completion date) . unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity calamity, order, rule, notification of the government and/ or other public or competent authority/ court and/ or caused by nature affecting the regular development of the real estate project (Force Majeure”)) . If, however, the completion of the Project is delayed due to the Force Majeure conditions xxxxxx ions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Apartment and the same shall not include the period of extension given by the Authority for registration , provided Provided that such Force For ce Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase -wise possession upon obtaining the Completion Certificate / Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/ or other phases and/ or provision of facilities / Amenities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, 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 60 45 days from fr om that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the th e Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with th e appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment- The Promoter agrees and understands undertakes that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association Association of allottees Allottees, or the competent authorityCompetent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, or any other calamity caused by nature affecting the regular development of the real estate project Project (“Force MajeureMejeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions Mejeure conditions, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allottee within 60 45 days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31.01.2021, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on 5th July, 2022 unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Assignment

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on , 31ST March 2023 subject to a further grace period of 6 (six) months unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 60 45 (forty-five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of Phase – II of the project in place on , with a grace period of six months unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she 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. Unless prevented by circumstances beyond its control and subject to the authorities completing all formalities permitting the Developer to make over possession.The Developer shall make best endeavours to obtain partial occupancy certificate in respect of the said Phase-II Building on or before . The Purchaser has agreed to render all co-operation and assistance to enable the Developer obtain partial occupancy certificate in respect of the said Phase-II Building and make over possession of the flats forming part of the said Phase-II building to the intending purchasers within the aforesaid date i.e. .The site plan annexed hereto as part of Schedule 'B' indicates different phases of the project along with the services forming part of each phase and the completion dates thereof.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on _________________, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said plot [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the plot [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the plot [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the 2nd Phase of the project in place on 04.08.2020, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the plot [Apartment/Plot], provided that such Force Majeure conditions are not of a nature 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Plot - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Plot to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the [Apartment/Plot] Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on place, unless 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 real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, Apartment is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specificationsApartment on 1ST July, amenities and facilities of the project in place on 2028, unless 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 real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Force Majeure conditions, 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 60 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she he/she/they/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. Procedure for taking possession: The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 30.10.2023, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be shallbe entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: rera.rajasthan.gov.in

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said [Apartment/Plot] - -The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee and the common areas to the association of allottees or Allotteeor the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on on……………, and 9 months grace period unless 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 of' the real estate project ("Force Majeure''). If, however, the completion completi on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Xxxxxx xx agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure 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 Promoter/Developer to implement the project due to Force Majeure conditionsMajureconditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said [Apartment/Plot] - Apartment- The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee Allottee/s and the common areas to the association of allottees Allottee/s or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on APRIL, 2026 unless 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 of' the real estate project ("Force Majeure''). If, however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottee/s agree and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure Xxxxxx conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee Allottee/s the entire amount received by the Promoter Promoter/Developer from the allotment within 60 45 days from that date. The promoter Promoter/Developer shall intimate the allottee Allottee/s about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/s, the Allottee agrees Allottee/s agree that he/ he/she shall have not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, Apartment is the essence of the Agreement. The Promoter Promoter, based on the approved Plans and specifications, assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place Apartment on , 30th September’ 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure 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 Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allotment within 60 45 (forty five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment/Plot] - Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment/ Plot to the allottee Allottee and the common areas to the association of allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the [Apartment/Plot] Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on xxxxxxx00-07-2023 -- , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 60 forty-five days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she 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: Agreement for Sale

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