Common use of POSSESSION OF THE APARTMENT Clause in Contracts

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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.

Appears in 12 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 Promoters agree and understands understand that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Phase Common Portions to the Association of the Allottees of the Said Phase or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures Promoters assure to hand over handover possession of the [Apartment/Plot] Apartment along with ready and complete Block Common Portions with the Specifications, Amenities and Facilities thereof on , the date mentioned in Recital F unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, any statutory order, rule, notification, or order or direction of any Court 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 Said Phase is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoters 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 if becomes impossible for the Promoter Promoters to implement the project Said Phase due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer, on behalf of all the Promoters, shall refund to the Allottee the entire amount received paid by him/her to the Promoter from Developer for the allotment within 45 days from that date, less the taxes, if any. For the refund of any taxes, the Allottee shall be required to apply directly to the concerned authorities. The 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, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against any of the Promoter Promoters and that the Promoter Promoters 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.

Appears in 8 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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* 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] 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* 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.

Appears in 7 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon Apartment]:Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 5 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon Apartment]:Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation.

Appears in 5 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation after deduction of tax which was already paid to the Government.

Appears in 3 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they 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 herein that all the amounts collected as GST 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 GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) 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] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* /completion 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.

Appears in 3 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they 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 herein that all the amounts collected as GST 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 GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) 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] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to however, be liable to pay maintenance charges as applicable. applicable from the date of issue of Completion Certificate/occupancy certificate.. Possession by the Allottee – After obtaining the occupancy certificate* /completion certificate and handing over physical possession of the [Apartment/Plot] Apartment 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, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [[ Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 3 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: . The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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] 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. 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.

Appears in 3 contracts

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

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on 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 45 days from that date. After refund of the money paid by 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 bemaybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper 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 as mentioned abovein 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 bemaybe, 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 3 contracts

Samples: Agreementforsale, Agreement for Sale, Agreementforsale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] said Apartment to the Allottee, and the Project Common Areas, Amenities and Facilities to the association of the allottees is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the [Apartment/Plot] on said Apartment along with the right to use the Project Common Areas, Amenities and Facilities with all specifications, amenities and facilities within the date mentioned in the Registration Certificate issued by the Regulatory Authority under the WBHIRA unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, epidemic, lockdown 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 said Project is delayed due to the Force Majeure conditions or any other events beyond the control of the Developer including but not limited to change in law, non-availability or irregular availability of essential inputs, water supply or sewerage disposal connection or electric power, or slow down or strike by contractor, construction agency employed/to be employed, change in any Governmental/Statutory Notifications, any order/stipulation of the courts/statutory or local authorities, any prohibition order from any court of law or statutory authorities, then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the [said Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implementedimplemented by the Developer during the continuance of such event and also till such further time as may be required to overcome the effect of such event. The Allottee agrees to co operate with the Developer in such a situation and records its consent to such extension of time for delivery of possession as may be accorded to the Developer by the Regulatory Authority from time to time. The Allottee further agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment Allotment within 45 (forty five) days from that such date. The Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 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.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 18.1 Schedule for possession of the said [Apartment/Plot]: Apartment ] – The Promoter agrees and an understands that timely delivery of possession of the [Apartment/PlotApartment ] to the allottee and the common areas 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, based on the approved plans and specifications, Promoter assures to hand over possession of the[Apartment ] along with ready and complete common areas with all specifications, amenities and facilities of the [Apartment/Plot] 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 Apartment ] : Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implementedimplemented . The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promote r 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 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, Xxxxxxxx the Allottee agrees that he/ tht 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.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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.

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 and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 May 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 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [ApartmentApartment – The Owner/Plot]: The Promoter Vendor agrees and understands that timely delivery of possession of the [Apartment/Plot] to the Allottee/ Purchaser 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, based on the approved plans and specifications, Owner/Vendor assures to hand over handover possession of the [Apartment/Plot] on along with ready and complete common areas with all specifications, amenities and facilities of the Project in place within 30th June 2021 unless there is delay or failure due to war, flood, drought, fire, 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 Allottee/ Purchaser agrees that the Promoter Owner/Vendor shall be entitled to the lawful/ reasonable 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 However the Allottee(s)/Xxxxxxxxx agrees and confirms that, in the event it becomes impossible for the Promoter Owner/Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Vendor shall refund to the Allottee Allottee(s)/Purchaser the entire amount received by the Promoter Owner/Vendor from the allotment Allotment within 45 days from that date. The Owner/Vendor shall intimate the Allottee/ Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/Purchaser, Xxxxxxxx agrees the Allottee/Purchaser agreed that he/ she shall not have any rights, claims etc. against the Promoter Owner/Vendor and that the Promoter Owner/Vendor 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.

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]: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottees and the Common Areas of the Real Estate Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, specifications assures to hand over possession of the [Apartment/Plot] Block (namely ) on (“ Completion Date”), 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 Real Estate Project or any further delay(s) beyond the control of the Promoter due to epidemic, pandemic, quarantine restriction, state or nationwide lockdown, including any future disruptions due to the coronavirus disease or other circumstances deemed by the Authority to be force majeure events ("" Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottees agree 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 Allottees agree and confirms confirm 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 Allottees the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx agrees the Allottees agree 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 PromoterPossession Date has been accepted by the Allottees. However, upon obtaining if the occupancy certificate* from Said Apartment is made ready prior to the competent authority shall offer in writing Completion Date, the possession Allottees undertake and covenant not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot], Allottees are linked inter alia to the Allottee in terms progress of this Agreement construction, and the same is not a time linked plan. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that if at any time, , the customer is required to pay any stamp duty, registration fee, legal fees, other expenses, etc., which becomes payable therefor, then the same shall be taken within 3 borne paid and discharged by the allottees of the Project (three months from including the date of issue of such notice Allottees herein) proportionately and the Promoter and/or the Owners shall give possession of not be liable therefor in any manner whatsoever and the [Apartment/Plot] to Allottees and 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 other allottees 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 keep 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 lawsOwners fully indemnified with regard thereto.

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 31st March, 2026, from the date sanction of building plan, with an additional period of 6months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT UNIT: Schedule for possession of the said [ApartmentApartment/ Unit- The Vendor/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [ApartmentApartment and car parking space/PlotUnit] 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, based on the approved plans and specifications, Vendor/Developer assures to hand over handover possession of the [Apartment/PlotApartment and car parking space/ Unit] on along with ready and complete common areas with all specifications, amenities and facilities of the Project within 31st March 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 Vendor/Developer shall be entitled to the extension of time for delivery of possession of the [ApartmentApartment/ Unit]. It is herein expletively mentioned and agreed by both the parties that if the Vendor/Plot]Developer herein completes the project before the stipulated period as mentioned above and obtains occupancy certificate from the competent authority, provided the purchaser herein shall be bound to register Deed of Conveyance by paying balance amount. 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 Vendor/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendor/Developer from the allotment Allotment within 45 days from that date. The Vendor/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, Xxxxxxxx agrees the Allottee agreed that he/ she shall not have any rights, claims etc. against the Promoter Vendor/Developer and that the Promoter Vendor/Developer 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.

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 Promoters agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to The Allottee on 30.12.2023 along with the Common Areas to be handed over to the association of Allottee is the essence of the AgreementAgreement along with Completion certificate / Occupancy certificate. It is clarified that the Allotee reserves the right to take the possession of the apartment prior to the completion of the common areas. The Promoter, based on the approved plans and specifications, Promoters assures to hand over possession of the [ApartmentApartment along with right to use Common Areas with all specifications, amenities and facilities of the Said Project/Plot] on , Complex to be in place by-unless there is delay or failure due to war, flood, pandemic, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project G +IV storied building ("Force Majeure"the “FORCE MAJEURE”). If, however, the completion of the Project SaidProject/Complex is delayed due to the Force Majeure conditions then the The Allottee agrees that the Promoter Promoters 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 Promoters to implement the project due Said– Project/Complexdue to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Co-Owner/Developer shall refund to the The Allottee the entire amount received by the Promoter from Co-Owner/Developerfrom the allotment within 45 60 days from that date. The Promoters shall intimate to The Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the The Allottee, Xxxxxxxx The Allottee agrees that he/ she The Allottee shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters 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.

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 Allotteesand the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 , 30thday of April 2020 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 Allottees agree 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 Allottees undertakes 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 Allottees 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 Allottees agree 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 Allottees the entire amount (less any taxes collected from the Allottees) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottees about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx agrees the Allottees agree 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 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 Allottees shall be free to approach the authorities concerned 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 refund of such notice taxes, charges, levies, cess, assessments 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 lawsimpositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 8.1 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 the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the date mentioned herein and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on ………… with a grace period of 12 months (Completion date). in case the Promoter fails to complete the Project, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or 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. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/Partial 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 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 45 days from that date. .After refund of the money paid by the Allottee, Xxxxxxxx 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 2 contracts

Samples: Eternis Agreement for Sale, Eternis Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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/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 45 days from that date. After refund of the money paid by 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 aboveper 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 as mentioned abovein 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 2 contracts

Samples: ] Agreement, ] 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 and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 March 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 [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 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 28.09.2025, 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/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 45 days from that date. After refund of the money paid by 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* 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 three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* 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.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendor agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterVendor, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , 31/03/2028 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 Purchaser agrees that the Promoter Vendor 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 Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Allottee Purchaser the entire amount received by the Promoter Vendor from the allotment within 45 days from that date. After refund of the money paid by the AllotteePurchaser, Xxxxxxxx Xxxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterVendor, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]Apartment , to the Allottee Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Vendor shall give possession of the [Apartment/Plot] Apartment to the AllotteePurchaser. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee Purchaser agree(s) to pay the maintenance charges as determined by the PromoterVendor/association of allotteesPurchasers, as the case may be. The Promoter Vendor on its behalf shall offer the possession to the Allottee in writing within days Purchaser of receiving the occupancy certificate* 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.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within _, with an additional 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 of 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 conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx 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 of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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/Promoter / association of allotteesAllottees, 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 allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of 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 without any interest and after deduction of tax which was already paid to the Government.

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 or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 May 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 [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 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of One Self-Contained Residential UNIT NO. (FROM THE DEVELOPER’S ALLOCATION) having carpet area OF Square Feet more or less type on the [Apartment/Plot] floor is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [ApartmentApartment no. 3B with on covered car parking space] on/Plot] on BEFORE 31.12.2025. , 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/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 45 days from that date. After refund of the money paid by 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]Apartment no. 3B with on covered car parking space, 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 30 days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]Apartment no. 3B with on covered car parking space: Upon receiving a written intimation from the Promoter as mentioned aboveper 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 possessionwithin the time provided as mentioned abovein 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 1 contract

Samples: Sale Deed

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx 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 – possession- The Promoter, upon obtaining the occupancy certificate* 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/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* certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]] : Upon receiving a written intimation from the Promoter as mentioned aboveper clauses 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 as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – Allottee- After obtaining the occupancy certificate* 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 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] said Apartment to the Allottees and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment/Plot] on said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31.03.2028 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement ("Force Majeure"). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottees agree that the Promoter shall be entitled to the extension of time for delivery of possession of the [said 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 agree and confirms confirm that, in the event it becomes impossible for the Promoter to implement the project said 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 Allottees} received by the Promoter from the allotment within 45 a mutually agreeable time. The Promoter shall intimate the Allottees about such termination at least 30 (thirty) days from that dateprior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx agrees the Allottees agree that he/ she they 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 It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee/s shall be free to approach the authorities concerned 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 refund of such notice taxes, charges, levies, cess, assessments 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 lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. days of applying for the occupancy Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

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, based on the approved plans and specifications, 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 30th June, 2024 (Completion Date) provided however the Completion Date may be extended by a period of 6 (six) Months (Extended Period) at the option of the Promoter, 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 (as defined in the Act) then the Allottee agrees that the Promoter shall be entitled to the further period of 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 Promoter shall neither incur any liability nor be held liable for claim of any amount by the Allottees, if the Promoter is unable to deliver possession of the Said Flat within the Completion Date and/or the Extended Period due to Circumstances of Force Majeure conditions (as defined in the Act) or for or on account of (1) delay on the part of the Allottee in making any payment and (2) any other reasonable cause (for what is a reasonable cause, the decision of the Architect shall be final and conclusive) whereby the Promoter is prevented from completing the Said Flat And Appurtenances or any portion thereof. In no event shall the Allottee be entitled to claim any amount from the Promoter on account of consequential losses and damages and otherwise if the Said Flat and Appurtenances is not completed within the Completion Date and/or the Extended Period. 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 45 days from that date. The promoter shall intimate the Allottee about such terminatio n at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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/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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they 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 herein that all the amounts collected as GST 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 GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) 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] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to however, be liable to pay maintenance charges as applicable. applicable from the date of issue of Completion Certificate/occupancy certificate.. Possession by the Allottee – After obtaining the occupancy certificate* /completion certificate and handing over physical possession of the [Apartment/Plot] Apartment 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 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 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 is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 June 30, 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/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 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, Xxxxxxxx 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. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allotee(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 Allotee(s) the entire amount received by the Promoter from the Allotment within 45 days from that date. The Promoter shall intimate the Allotee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allotee, the Allotee 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* completion 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 (two months from the date of issue of completion certificate SUBJECT TOthe terms of the agreement and the Allotee making payment of the total price and all other amounts and deposits payable by the Allotee to the promoter hereunder and fulfilling all his covenants / obligations herein Provided that, in the absence of the local law, the conveyance deed in favor of the Allotee shall be carried out by the Promoter within three months from the date of issue of such notice and completion certificate subject to the Promoter Allotee making payment on the account of stamp duty, registration fees, etc., PROVIDED FURTHER THAT the promoter shall give be not be liable to deliver possession of the [Apartment/Plot] Said Unit to the AllotteeAllotee nor to execute or cost to be executed any sale deed or any other instrument(s) until such time the Allotee makes payment of all amounts agreed and required to be paid hereunder by the Allotee and the Allotee has fully performed all terms and conditions of this agreement and on the part of the Allotee to be observed and performed until then. The Promoter agrees and undertakes to indemnify the Allottee Allotee(s) in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allotee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association 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 authorityAllotees, as the case may be, as per after the local lawsissuance of completion certificate for the Project. The Promoter shall handover the copy of the completion certificate of the Said Unit, to the Allotee at the time of conveyance of the same.

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, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Phase I Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the said Phase of the Project in place on , 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, If however, the completion of the said Phase I 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 said Phase of 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 Allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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 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 taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. However, if the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], said Apartment is made ready prior 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 aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a 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 lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 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 the Allottees, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot, /Plot] with all specifications, in place on ........., with a grace period of six months (Completion date). Similarly, 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"). The Common Areas of the entire Project shall be completed on the completion of the entire Project and not with respective phases; however such Common Areas of the Project will get connected with the completion of the phases of the Project. 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 and the same shall not include the period of extension given by the Authority for registration, Provided that such Force 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 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, Xxxxxxxx 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

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 or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 , 24th June 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 [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 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter., based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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/PlotApartment ], 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 45 days from that date. After refund of the money paid by 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 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 bemaybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within _ days of receiving the occupancy certificate* of certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]] : Upon receiving a written intimation from the Promoter as mentioned aboveper 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 as mentioned abovein 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 bemaybe, 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 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands understand that timely delivery of possession of the [Apartment/Plot] said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures Promoter assure to hand over possession of the [Apartment/Plot] said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in place on , __________ with a grace period of 6 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 or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement ("Force Majeure"). If, If however, the completion of the said 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 [said 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 said 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 from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she he 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT PLOT: 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 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, based on the approved plans and specifications, 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 in place on July, 2025 if 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 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, Xxxxxxxx agrees the Allottee 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 – possession- The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee Allottee(s) in terms of this Agreement to be taken within 3 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 such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allotteeoccupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of allotteesAllottees, as the case may be, after the issuance of completion certificate for the Project. The Promoter on its behalf shall offer handover the possession occupancy certificate of the Apartment, as the case may be, to the Allottee in writing within days at the time of receiving the occupancy certificate* conveyance of the Projectsame. Failure of Allottee to take Possession possession of [Apartment/Plot]: Apartment]- Upon receiving a written intimation from the Promoter as mentioned per Para 7.2 above, the Allottee 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, Agreement and the Promoter shall give possession of the [Apartment/Plot] to the allotteeAllottee(s). In case the Allottee Allottee(s) fails to take possession within the time provided as mentioned per Para 7.2 above, such Allottee shall continue to be liable to pay maintenance charges as applicablespecified under Para 7.2 above. Possession by the Allottee – Allottee- After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the AllotteesAllottee, it shall be the responsibility of the Promoter to hand over handover the necessary documents and plansplan, including common areas, areas to the association Association of the Allottees allottees 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].

Appears in 1 contract

Samples: 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, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Phase I Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the said Phase of the Project in place on , 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, If however, the completion of the said Phase I 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 said Phase of 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 Allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx 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 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 taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. However, if the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], said Apartment is made ready prior 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 aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre- ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a 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 lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/PlotFlat//Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/PlotFlat//Plot] on OCTOBER’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/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 45 days from that date. After refund of the money paid by 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* 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 tobe taken within 3 (three two months from the date of issue of such notice and 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 shall give possession within 3 months from the date of the [Apartment/Plot] to the Allotteeissue 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 Association of allotteesAllottees, as the case may bebe after the issuance of the Completion Certificate for the project. 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 Occupancy Certificate of the Allottees or the competent authorityApartment, as the case may be, as per to the local lawsAllottee at the time of conveyance of the same. It is pertinent to mention that in case any allottee place a written proposal for registration of Deed of Conveyance in his favour of the under constructed area then the same shall be registered in his name but the Completion/Occupancy Certificate shall be handed over later after completion of the phase of the project.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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 fulfilment 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 theAllottees 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 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendor agrees and understands that timely delivery of deliveryof possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterVendor, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 realestate 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 Vendor shall be entitled to the extension of time for delivery of deliveryof 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 Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Allottee Purchaser the entire amount received by the Promoter Vendor from the allotment within 45 days from that date. After refund of the money paid by the Allotteebythe Purchaser, Xxxxxxxx Purchaser agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterVendor, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot]Apartment , to the Allottee Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Vendor shall give possession of the [Apartment/Plot] Apartment to the AllotteePurchaser. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee Purchaser agree(s) to pay the maintenance charges as determined by the PromoterVendor/association of allotteesPurchasers, as the case may be. The Promoter Vendor on its behalf shall offer the possession to the Allottee Purchaser 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] the[Apartment on , 19.07.2026 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 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 45 days from that date. After refund of the money paid by 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 three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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 10(Ten) 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]Apartment : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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 three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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. days of receiving the Failure of Allottee to take Possession of [Apartment/Plot]Apartment : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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] Apartment 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 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, based on the approved plans and specifications, 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 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, Xxxxxxxx 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 Provided that the Promoters shall be entitled to reasonable extension of time for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession giving delivery of the [Apartmentsaid premises on the aforesaid date, if the completion of the said project or building/Plot], to wing in which the Allottee in terms of this Agreement said premises is to be taken within 3 (three months from the date situated is delayed on account 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Page | 12 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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/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 45 days from that date. After refund of the money paid by 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 Page | 13 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 1 contract

Samples: Annexure 'A

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 31st October 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 [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 45 days from that date. After refund of the money paid by 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] 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 30 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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/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 45 days from that date. After refund of the money paid by 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 allotteesAllottees, 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 lawsdaysofreceivingtheoccupancycertificate*oftheProject.

Appears in 1 contract

Samples: Agreement

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Apartment:-The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , unless 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 MajeureForceMajeure"). 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 45 days from that date. After refund of the money paid by 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 three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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. 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.

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 on its formation or to the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on [Apartment/Plot] on (‘Completion Date”), 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"“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 become 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 within 45 (forty-five) 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, Xxxxxxxx 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 The 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 has been accepted by the Allottee. The Promoter agrees and undertakes to indemnify However, if 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 Apartment is made ready prior 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 aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her/their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a 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 lawslinked plan.

Appears in 1 contract

Samples: Agreement for Transfer

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon Apartment]:Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession Possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 31/12/2026 , 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 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], 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 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 45 days from that date. After refund of the money paid by 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] 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 thirty 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [[ Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendor agrees and understands that timely delivery of deliveryof possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterVendor, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 realestate 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 Vendor shall be entitled to the extension of time for delivery of deliveryof 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 Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Allottee Purchaser the entire amount received by the Promoter Vendor from the allotment within 45 days from that date. After refund of the money paid by the Allotteebythe Xxxxxxxxx, Xxxxxxxx Xxxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterVendor, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot]Apartment , to the Allottee Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Vendor shall give possession of the [Apartment/Plot] Apartment to the AllotteePurchaser. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee Purchaser agree(s) to pay the maintenance charges as determined by the PromoterVendor/association of allotteesPurchasers, as the case may be. The Promoter Vendor on its behalf shall offer the possession to the Allottee Purchaser 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , 30/11/2024 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 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 45 days from that date. After refund of the money paid by 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 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 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, with an additional period of 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 of 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 conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx 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 of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment ] : Upon receiving a written intimation from the Promoter as mentioned aboveper 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[ Apartment ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* 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 duplicate copy of 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 without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and Developerand that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [ApartmentApartment - The Developer/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee(s) 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, based on the approved plans and specifications, Developer/Promoter assures to hand over possession of the [Apartment/Plot] Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on , not later than 31st December 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"” as mentioned in Clause 7.1 and with Application of Booking Form Clause 9A & 9B). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee(s) agree/s that the Developer/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 Allottee(s) agree/s and confirms confirm/s that, in the event it becomes impossible for the Developer/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Developer/Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Developer/Promoter from the allotment within 45 (forty five) days from that date. The Developer/Promoter shall intimate the Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottee(s), Xxxxxxxx agrees the Allottee(s) agree/s that he/ she he/she/they shall not have any rights, claims etc. against the Developer/Promoter and that the Developer/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.

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]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] on Apartment within with a further grace period of 6 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, It shall not be obligatory for the Promoter to complete the Common Amenities and Facilities in all respects before giving the Possession Notice to the Allottee and the Said Apartment shall be deemed to have been completed in all respect if the same is made fit for habitation as per the Specifications. The Promoter makes it clear that the common facilities/ installations and amenities may be made ready in phases and non completion of the whole project or all common amenities/facilities/installations shall not be an excuse of the Allottee to claim that the said Apartment is not completed and ready for delivery of possession. If however, the completion of the Project Apartment 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 within 45 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, Xxxxxxxx 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/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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , 31.03.2026 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 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she they 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 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* 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within , with an additional 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 of 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 conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx 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 of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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/Promoter / association of allotteesAllottees, 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 allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/[ 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[ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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] apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of 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 without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on within 30(Thirty)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 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 45 days from that date. After refund of the money paid by 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 months) from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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 Promoter of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 30 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 aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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] Apartment 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 1 contract

Samples: Agreement for Sale of Flat

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of One Self-Contained Residential UNIT NO. UNIT NO. ( ) (FROM THE DEVELOPER’S ALLOCATION), more or less admeasuring covered area of more or less Square Feet, Super Built Up Area of more or less sq.ft. on the [Apartment/Plot] Floor is the essence of the Agreement. The Promoter, based on the approved plans and plansand specifications, assures to hand over possession of the [ApartmentApartment no. 3B with on covered car parking space] on/Plot] on BEFORE 30.11.2025. , 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/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 45 days from that date. After refund of the money paid by 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]Apartment no. 3B with on covered car parking space, 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 30 days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]Apartment no. 1A with on covered car parking space: Upon receiving a written intimation from the Promoter as mentioned aboveper 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 possessionwithin the time provided as mentioned abovein 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 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] 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] 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 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx 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* 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 three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allotteeallottee. 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 promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Projectproject. Failure of Allottee to take Possession of [Apartment/Plot]: Apartment - Upon receiving a written intimation from the Promoter as mentioned aboveper para 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, in clause 7.2 such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – Allottee- After obtaining the occupancy certificate* Occupancy Certificate and handing over physical possession of the [Apartment/Plot] Apartment 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 Allottee 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 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Assignor agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterAssignor, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , 31/10/2025 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 Assignor 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, in the event it becomes impossible for the Promoter Assignor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Assignor shall refund to the Allottee the entire amount received by the Promoter Assignor from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Assignor and that the Promoter Assignor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterAssignor, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot]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 Assignor shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Assignor agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterAssignor. The Allottee agree(s) to pay the maintenance charges as determined by the PromoterAssignor/association of allotteesAllottees, as the case may be. The Promoter Assignor on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* 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.

Appears in 1 contract

Samples: Agreement for Assignment

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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 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.

Appears in 1 contract

Samples: 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on 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 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 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 45 days from that date. After refund of the money paid by 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 bemaybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper 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 as mentioned abovein 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 bemaybe, 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: Agreementforsale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [ApartmentSaid Apartment - The Owners/Plot]: The Promoter Promoters agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottees and the Common Areas of the Real Estate Project to the association of Allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Owners/Promoters assures to hand over possession of the [ApartmentSaid Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on 30-12-2024 (DECEMBER’2024) for Block/Plot] on Building No. A and B with a grace period of 12 months (“Completion Date”), 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 Real Estate Project ("Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Owners/Promoters 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 Allottees agrees and confirms that, in the event it becomes impossible for the Promoter Owners/Promoters to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Promoters shall refund to the Allottee Allottees the entire amount received by the Promoter Owners/Promoters from the allotment within 45 days from that date. The Owners/Promoters shall intimate the Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx the Allottees agrees that he/ she shall not have any rights, claims etc. against the Promoter Owners/Promoters and that the Promoter Owners/Promoters 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.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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] 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. 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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, that in the event it becomes impossible for the Promoter Promo0ter to implement the Contd.p/14.. Page- 14. 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 45 days from that the date. After refund of the money paid by the Allottee, Xxxxxxxx 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* 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] 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* 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]Flat: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] said Flat is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] said Flat 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 Purchaser agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]said Flat, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee Purchaser the entire amount received by the Promoter Developer from the allotment within 45 days from that date. After refund of the money paid by the AllotteePurchaser, Xxxxxxxx Xxxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterDeveloper, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]said Flat, to the Allottee Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] said Flat to the AllotteePurchaser. The Promoter Developer agrees and undertakes to indemnify the Allottee Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee Purchaser agree(s) to pay the maintenance charges as determined by the PromoterDeveloper/association of allotteesPurchasers, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee Purchaser in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee Purchaser to take Possession of [Apartment/Plot]said Flat: Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee Purchaser shall take possession of the [Apartment/Plot] said Flat from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] said Flat to the allotteePurchaser. In case the Allottee Purchaser fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee Purchaser shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee Purchaser – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] said Flat to the AllotteesPurchasers, it shall be the responsibility of the Promoter Developer to hand over the necessary documents and plans, including common areas, to the association of the Allottees Purchasers or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on Sept 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")) including if any bar imposed by the government agencies on mining / availability of construction riverbed material. If, however, the completion of the Project is delayed due to the any restrictions, limitations and/or 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 restrictions, limitations, 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 restrictions, limitations and/or 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 45 days from that date. After refund of the money paid by 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 completion of the said project or obtaining the occupancy certificate* certificate from the competent authority (whichever is earlier) shall offer in writing (“Notice”) the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice subject to payment of all amounts due and the Promoter shall give possession payable under this Agreement and Registration of the [Apartment/Plot] to the AllotteeDeed of Sale. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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 bebe from the date of issue of such Notice. The Promoter on its behalf promoter 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, photocopy of completion certificate of the project to the association of Allottees as received from the Allottees or the competent authority, as the case may be, as per the local lawsAuthority concerned.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [ApartmentSaid Apartment - The Owners/Plot]: The Promoter Promoters agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottees and the Common Areas of the Real Estate Project to the association of Allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Owners/Promoters assures to hand over possession of the [ApartmentSaid Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on 30-12-2024 ( DECEMBER’2024) for Block/Plot] on Building No. A and B with a grace period of 12 months (“Completion Date”), 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 Real Estate Project ("Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Owners/Promoters 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 Allottees agrees and confirms that, in the event it becomes impossible for the Promoter Owners/Promoters to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Promoters shall refund to the Allottee Allottees the entire amount received by the Promoter Owners/Promoters from the allotment within 45 days from that date. The Owners/Promoters shall intimate the Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx the Allottees agrees that he/ she shall not have any rights, claims etc. against the Promoter Owners/Promoters and that the Promoter Owners/Promoters 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.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT. PLOT Schedule for Possession of the said Apartment: This Agreement for Sale is without possession. Subject to the Allottee / Purchaser meeting all his obligations under this Agreement and force majeure, the Owner / Promoter assures to hand over complete habitable peaceful vacant possession of the said [Apartment/Plot]: The Promoter agrees Unit /Apartment along with ready and understands that timely delivery complete common areas to the association of possession Allottees / Purchasers subject to the same being formed and registered, with all specifications, amenities and facilities of the [Apartment/Plot] is project within 31st December, 2025 with a maximum extension period of 06 (six) months only owing to Force Majeure as defined in Black Law‟s dictionary. The stipulated time above shall be the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , Agreement unless there delay is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting Force Majeure as defined in Black Law‟s dictionary. Although it is well understood by and between the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due parties to the Force Majeure conditions present Agreement that in case of any restriction being imposed either by the State or Union Government owing to Covid-19 pandemic for a specific period of time, then the Allottee agrees that the Promoter such time period 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 excluded from the allotment within 45 days from that date. After refund aforesaid period of the money paid by 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 Agreementhanding over of possession. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* completion certificate from the competent authority shall offer in writing the possession of the [Unit / Apartment/Plot], to the Allottee / Purchaser in terms of this Agreement to be taken within 3 30 (three months thirty) days from the date of issue of such notice completion certificate subject to payment of all amounts due and the Promoter shall give possession payable under this Agreement and Registration of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case Deed of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterSale. The Allottee / Purchaser, after taking possession, agree(s) to pay the maintenance charges as determined by the PromoterOwner /Promoter/association of allottees, as the case may bebe from the date of the issuance of the completion certificate for the project. The Promoter on its behalf shall offer hand over the possession photocopy of completion certificate of the project to the Allottee in writing within days / Purchaser at the time of receiving the occupancy certificate* registration of sale deed of the Projectsame. Failure of Allottee / Purchaser to take Possession of [Apartment/Plot]: Apartment – Upon receiving a written intimation from the Owner / Promoter as mentioned aboveper clause 6.2, the Allottee / Purchaser shall take possession of the [Apartment/Plot] Unit / Apartment from the Owner / Promoter by executing necessary indemnities, undertakings Registered Deed of Sale and such other documentation documentation, if any, as prescribed in this Agreement, and the Owner / Promoter shall give possession of the [Apartment/Plot] Unit / Apartment to the allotteeAllottee / Purchaser. In case the Allottee / Purchaser fails to take possession within the time provided in clause 6.2 such Allottee / Purchaser shall be liable to pay interest @ 10% on amount due and payable in terms of this agreement, maintenance charges as mentioned abovespecified in clause 6.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee / Purchaser - After obtaining the occupancy certificate* completion certificate and handing over physical possession of the [Apartment/Plot] Unit / Apartment to the AllotteesAllottee / Purchaser, it shall be the responsibility of the Owner / Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottee or the Allottees Competent Authority, as the case may be as per the local laws; Provided that, in the absence of any local law, the Owner / Promoter shall handover the necessary documents and plans, including common areas, to the association of Allottee / Purchaser or the competent authority, as the case may be, within sixty days after formation and registration of the association of Allottee / Purchaser. Cancellation by Allottee – The Allottee / Purchaser shall have the right to cancel/ withdraw his allotment in Unit / Apartment in the Project as per provided in this Act. Provided that where the local lawsallottee proposes to cancel / withdraw from the project without any default 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 after deducting the tax which was already paid to the Government by the Promoter 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 PLOT: 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 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, based on the approved plans and specifications, 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 in place on , if 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 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, Xxxxxxxx agrees the Allottee 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 – possession- The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee Allottee(s) in terms of this Agreement to be taken within 3 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 such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allotteeoccupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of allotteesAllottees, as the case may be, after the issuance of completion certificate for the Project. The Promoter on its behalf shall offer handover the possession occupancy certificate of the Apartment, as the case may be, to the Allottee in writing within days at the time of receiving the occupancy certificate* conveyance of the Projectsame. Failure of Allottee to take Possession possession of [Apartment/Plot]: Apartment]- Upon receiving a written intimation from the Promoter as mentioned per Para 7.2 above, the Allottee 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, Agreement and the Promoter shall give possession of the [Apartment/Plot] to the allotteeAllottee(s). In case the Allottee Allottee(s) fails to take possession within the time provided as mentioned per Para 7.2 above, such Allottee shall continue to be liable to pay maintenance charges as applicablespecified under Para 7.2 above. Possession by the Allottee – Allottee- After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the AllotteesAllottee, it shall be the responsibility of the Promoter to hand over handover the necessary documents and plansplan, including common areas, areas to the association Association of the Allottees allottees 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].

Appears in 1 contract

Samples: 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Owner/Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterOwner/Developer, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment on, unless there is Unless the xxxx 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 Owner/Developer 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 Owner/Developer 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 Owner/Developer from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Owner/Developer and that the Promoter Owner/Developer shall be released and discharged from all its formalist obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterOwner/Developer, 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] 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 PromoterOwner/Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter Owner/Developer on its behalf shall offer the possession to the Allottee in writing within with in 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.

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, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment/Plot] on 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, 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 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, Xxxxxxxx agrees the Allottee 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 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]Flat: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] flat is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on flat 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 thePromoter shall be entitled been titled to the extension of time for delivery of possession of the [Apartment/Plot], provided that providedthat 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 45 days from that date. After refund of the money paid by 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 Agreementto 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 with in days of receiving the occupancy certificate* of the Projectcertificate*of theProject. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and undertaking sand such other documentation as prescribed in this Agreement, 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 abovein 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] Flat 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 bemaybe, 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 Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 48 months, from the date sanction of building plan, with an additional period of 6 months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [[ Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

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 the Allottees ,is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the date mentioned herein and the same shall be in addition to the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment by ………… with a grace period of 12 months (Completion date), unless there is a delay or failure due to failure, war, flood, drought, fire, cyclone, earthquake or any other calamity or 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 or any other reason ("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 be under an obligation to refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of date and the money paid by the Allottee, Xxxxxxxx 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, except to refund the amount as aforesaid. Procedure 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 taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. It is further clarified that the occupancy certificate* from the competent authority shall offer in writing the possession right of the [Apartment/Plot], Allottee shall remain restricted to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice respective Apartment and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees properties appurtenant thereto and undertakes to indemnify the Allottee in case of failure of fulfillment shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect 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* any other Apartment or space and/or any other portions 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment 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 [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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they 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 herein that all the amounts collected as GST 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 GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) 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] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* /completion 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.

Appears in 1 contract

Samples: Agreement of Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 36 months, from the date sanction of building plan, with an additional period of 12 months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, 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 Developer shall be entitled to the extension of time for of 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 Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of 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 Developer, the Developer 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 Developer to the allottee within 45 days of such cancellation after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , 31.03.2028 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 45 days from that date. After refund of the money paid by 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], Apartment to the Allottee in terms of termsof this Agreement to be taken within 3 (three months from the date of dateof issue of such notice and the Promoter shall give possession of the [Apartment/Plot] ofthe Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of fulfillmentof 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 15 days of receiving the occupancy certificate* 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.

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 promoter agrees and understands that the 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 Agreementagreement. The Promoter, based on the approved plans and specifications, assures promoter assure to hand over possession position of the [(Apartment/Plot] on plot) along with ready and complete common areas with all specifications, amenities and facilities of the project in place in, working days from the date commencement certificate unless there is delay or failure due to war, floodfood, drought, fire, 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 project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter promoter shall be entitled to the extension of time for delivery of possession of the [(Apartment/Plot], 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 confirm that, in the event it becomes impossible possible for the Promoter promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter promoter shall refund to the Allottee the entire amount received by the Promoter promoter from the allotment within 45 days from that date. The promoter shall intimate me allottee about such termination at least 30 days prior to such termination. After refund of the money paid by the Allotteeallottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter promoter and that the Promoter 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 lawsagreement.

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 or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, 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 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/Plot]. However, provided 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 their payment obligations, 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 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx agrees the Allottee agree that he/ she they 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 PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by 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 be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments 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 lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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. Project Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper 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 as mentioned abovein 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. 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: 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] 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 45 days from that date. After refund of the money paid by 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 – 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* 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 30th November, 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 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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they 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 herein that all the amounts collected as GST 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 GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) 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] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment 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] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to however, be liable to pay maintenance charges as applicable. applicable from the date of issue of Completion Certificate/occupancy certificate.. Possession by the Allottee – After obtaining the occupancy certificate* /completion certificate and handing over physical possession of the [Apartment/Plot] Apartment 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 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: Apartment & demarcated Car Parking (if any) – The Promoter Owner agrees and understands that timely delivery of possession of the [Apartment/Plot] Designated Unit, is the essence of the Agreement. The Promoter, Owner based on the approved plans and specifications, specifications assures to hand over possession of the [Apartment/Plot] Designated Unit on , December 2025 unless there is delay or failure due to war, flood, pandemic, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting affective 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 ALLOTTEES agree that the Promoter Owner shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Designated Unit, 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 implemented the project due to Force Majeure conditionscondition, then this allotment shall stand terminated and the Promoter Owner shall refund to the Allottee ALLOTTEES the entire amount received by the Promoter Owner from the allotment within 45 days from that the date. The owner shall intimate the ALLOTTEES about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeALLOTTEE, Xxxxxxxx the ALLOTTEE agrees that he/ she he/she/they shall not have any rights, claims etc. against the Promoter Owner and that the Promoter Owner shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – possession- The PromoterOwner, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]Designated Unit, to the Allottee ALLOTTEES in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Owner shall give possession of the [Apartment/Plot] Unit to the Allottee. The Promoter Owner agrees and undertakes to indemnify the Allottee ALLOTTEES in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterOwner. The Allottee ALLOTTEES, after taking possession, agree(s) to pay the maintenance charges as determined by the PromoterOwner/association of allotteesALLOTTEESs, as the case may be, after the issuance of the Completion Certificate for the Project. The Promoter Owner on its behalf shall offer the possession to the Allottee in writing within ………days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee ALLOTTEES to take Possession of [Apartment/Plot]: Unit - Upon receiving a written intimation from the Promoter Owner as mentioned aboveper para 7.2, the Allottee ALLOTTEES shall take possession of the [Apartment/Plot] Designated Unit from the Promoter Owner by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, Agreement and the Promoter Owner shall give possession of the [Apartment/Plot] Apartment along with demarcated Car Parking space (if any) to the allotteeALLOTTEES. In case the Allottee ALLOTTEES fails to take possession within with the time provided as mentioned above, in para7 such Allottee ALLOTTEE shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – ALLOTTEE: - After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment demarcated Car Parking space (if any) to the AllotteesALLOTTEE, it shall be the responsibility of the Promoter Owner to hand over the necessary documents and plans, including common areas, to the association of the Allottees ALLOTTEES or the competent authority, as the case may be, as per the local laws. Cancellation by ALLOTTEE- the ALLOTTEES shall have the right to cancel/withdraw his allotment in the Project as provided in the Act; Provided that where the ALLOTTEES proposes to cancel/withdraw from the project without any fault of the owner, the owner 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 Owner to the ALLOTTEE within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendors/Xxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Vendors/Promoter, based on the approved plans and specifications, assures to hand over handover possession of the [Apartment/Plot] on 31st MARCH, 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earth quake 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(s) agrees that the Vendors/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 Allottee(s)agrees and confirms that, in the event it becomes impossible for the Vendors/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendors/Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Vendors/Promoter from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottee(s), Xxxxxxxx Xxxxxxxx(s) agrees that he/ he/she shall not have any rights, claims etc. against the Vendors/Promoter and that the Vendors/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 bemaybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the ProjectAllotte. Failure of Allottee Allottee(s) to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Vendors/Promoter as mentioned above, the Allottee Allottee(s) shall take possession of the [Apartment/Plot] from the Vendors/Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Vendors/Promoter shall give possession of the [Apartment/Plot] to the allotteeAllottee(s). In case the Allottee Allottee(s) fails to take possession within the time provided as mentioned above, such Allottee Allottee(s) shall continue to be liable to pay maintenance charges as applicable. Cancellation by Xxxxxxxx(s): 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 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. 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 bemaybe, as per the local laws. Compensation- The Vendors/Promoter shall compensate the Allottee(s) in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for compensation under this section shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the Vendors/Promoter fail to complete or is unable to give possession of the [Apartment] (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or(ii)due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Vendors/Promoter shall be liable, on demand to the Allottees, in case the Allottee(s)wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with interest at the rate specified in the Rules within 45 days including compensation in the manner as provided under the Act. Provided that where if the Allottee(s) does not intend to withdraw from the Project, the Vendors/Promoter shall pay the Allottee(s) interest at the rate specified in the Rules for every month of delay, till the handing over of the possession of the Apartment.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on or before 31.03.2025, 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/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 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx Allottee agrees that he/ she he/she/it/they 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* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) 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] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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 30 days of receiving the occupancy certificate* /completion 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: 12.1 The Promoter agrees and understands that timely delivery of possession of the [ApartmentApartment to the Allottee/Plot] Purchaser and the common areas to the Association of Allottee/Purchaser or the competent authority, as the case may be, is the essence of the Agreement. The Provided that the Promoter, based on /Developer shall be entitled to reasonable extension of time as agreed by and between the approved plans Allottee/Purchaser and specifications, assures to hand over the Promoter/Developer for giving possession of the [Apartmentsaid Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter/Plot] on Developer assures to handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the Project in place in or abut 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"). Such Force Majeure may also include Labour Unrest, Local problem such as Riot Mob-violence. Threat, Terrorist Attack Prohibitory order from court of Law or Kolkata Municipal Corporation or delay in granting occupancy certificate. If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee/Purchaser agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment, and the Allottee/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Purchaser 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 Vendors/Owners/ Promoter/Developer shall refund to the Allottee Allottee/Purchaser the entire amount received by the Promoter Vendors/Owners/ Promoter/Developer from the allotment Allotment within 45 days from that date. The Vendors/Owners/Promoter/Developer shall intimate the Allottee/Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/Purchaser, Xxxxxxxx agrees the Allottee/Purchaser agreed that he/ he/she shall not have any rights, claims etc. against the Promoter Vendors/Owners/ Promoter/Developer and that the Promoter Vendors/Owners/ Promoter/Developer 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.

Appears in 1 contract

Samples: 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 31.10.2028, 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 45 days from that date. After refund of the money paid by 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* 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 three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment 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* 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.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within , with an additional 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 of 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 conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx 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 of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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/Promoter / association of allotteesAllottees, 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 allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/[ 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[ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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/Apartment / Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of 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 without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 24 (Twenty Four) months, with an additional period of 12 (Twelve) 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 of 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 conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx 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 of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] 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/Promoter / association of allotteesAllottees, 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 allottee to take Possession of [Apartment/Plot][ Apartment ] : Upon receiving a written intimation from the Promoter as mentioned aboveper 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[ Apartment ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein 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 duplicate copy of 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 without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [ApartmentApartment :- The Assignor/Plot]: The Promoter First Party agrees and understands that timely delivery of possession of the [ApartmentApartment to the Assignee/Plot] Allottee and the common areas to the Association of Assignee/Allottee or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Assignor/First Party 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 30.04.2024 unless there is delay or failure due to war, flood, drought, fire, cyclonecyclone earthquake, earthquake pandemic, labors strike 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 such as earthquake, flood, pandemic, lebour strike, man med problem, local authority restriction, then the Assignee/Allottee agrees that the Promoter Assignor/First Party 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 Assignee/Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter Assignor/First Party to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Assignor/First Party shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Assignor/First Party from the allotment Allotment within 45 days from that date. The Assignor/First Party shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAssignee/Allottee(s), Xxxxxxxx agrees the Assignee/Allottee(s) agreed that he/ she she/they shall not have any rights, claims etc. against the Promoter Assignor/First Party and that the Promoter Assignor/First Party shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining Provided that If the occupancy certificate* from the competent authority shall offer Allottee gives in writing that he/she/they shall/will has/have no objection if the possession of the [ApartmentApartment along with ready and complete common areas with all specifications, amenities and facilities of the Project is delayed, then the Assignor/Plot], First Party shall not terminate this agreement & shall not refund any advance payments 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 [ApartmentAssignee/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 lawsAllottee(s).

Appears in 1 contract

Samples: Agreement for Assignment

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