POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 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, 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 4 contracts
Samples: Agreement, Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 2023December 2020, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the 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. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 20232020, 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, 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Merlin Regalia Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - of – The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee Purchaser and the common areas to the Association of Allottees Purchasers or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Developer assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on June 2023, 31.12.2021 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project ("“Force Majeure"”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the 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(s) 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(s) the entire amount received by the Promoter Developer from the allotment Allotment within 45 days from that date. The 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 AllotteePurchaser, the Allottee agrees Purchaser agreed 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.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Designated Apartment - The and the Promoter agrees and understands that timely delivery of possession of the Designated Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Designated Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023within 30/12/2023 with a grace period upto 6months stipulated date of completion barred from Act of God, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or other exigency affecting the regular development of the real estate project including delay in any Tenant vacating his occupied portion at the said premises ("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 Designated 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 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 within 30th June 20232027, 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, 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 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 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Designated Apartment - The Promoter and the Developer agrees and understands that timely delivery of possession of the Designated Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Designated Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, within 31/03/2021 with a grace period upto1 year unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or other exigency affecting the regular development of the real estate project including delay in any Tenant vacating his occupied portion at the said premises ("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 delivery of possession of the Designated 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 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 the entire amount received by the Promoter Developer from the allotment within 45 days from that date. The Promoter Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ 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.
Appears in 2 contracts
Samples: Wbhira Agreement for Sale, Wbhira Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023not later than 36 (Thirty Six) months 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"” as mentioned in Cl.7.1 and with Application of Booking Form Cl.9A & 9B). 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, . 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 t o the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023within a period of 30 months from the date of commencement of construction works of the said project [•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"”). 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, 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 for the allotment within 45 days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 2023December 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, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Apartment along with ready and complete common areas right to use the Common Areas with all specifications, amenities and facilities of the project Project in place on June 2023September, 2022 (“Committed Possession Date”) (that is December 2021 Plus automatic extension of 09 months granted in terms of the order dated 29th May, 2020, bearing Memo No. -707- HIRA passed by Designated Authority, West Bengal Housing Industry Regulatory Authority) unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or any other reason beyond the reasonable control of the Developer affecting the regular development of the real estate project ("“Force Majeure"”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make makes 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 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 Allottee within 45 (forty-five) days from that date. The Promoter Developer shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and/or the Apartment and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of the possession of the Apartment to the Allottee along with ready and complete the common areas to Common Areas of the Association of Allottees Project is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specificationsCommon Areas, amenities and facilities if any, of the project in place Project on June 202331st December 2025, unless there is a 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 the delivery of possession of the Apartment. 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 Allottee about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands understand that timely delivery of possession of the Apartment Unit to the Allottee and the common areas 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 assures Promoter, based on the approved plans and specifications, assure to hand over handover possession of the Apartment along with ready and complete common areas Block Common Portions with all specificationsthe Specifications, amenities Amenities and facilities of Facilities thereof on the project date mentioned in place on June 2023, Para G unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake pandemic, 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, Provided provided that such Force Majeure conditions are not of a nature which make makes it impossible and/or difficult for the contract to be implemented. The Allottee agrees and confirms that, in the event it if becomes impossible for the Promoter to implement the project Said Phase due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received paid by him/her to the Promoter from for the allotment within 45 days from that date, less the taxes, if any. The Promoter For the refund of any taxes, the Allottee shall intimate be required to apply directly to the allottee about such termination at least thirty days prior to such terminationconcerned authorities. After refund of the money paid by the Allottee, 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - APARTMENT: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees [Apartment] is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with [Apartment] alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, 31.12.2024 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, ] 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, 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - APARTMENT: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees [Apartment] is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with [Apartment] alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, 31.12.2021 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("“Force Majeure"”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment, ] 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, 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. (7.1. .) Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association association of Allottees allottees is the essence of the Agreement. The 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 June 2023, unless there is a 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 ("due to natural calamities or due to Force Majeure")Majeure conditions. If, however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter shall be entitled to the extension of time time, for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make made it impossible for the contract to be implementedimplemented as per schedule. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement execute 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 him for the allotment within 45 days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - apartment, The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, Kolkata unless there is delay or failure due to war, floodfood, drought, fire, cyclone, earthquake or any other calamity calamity, caused by nature affecting the regular development of the real estate project ("“Force Majeure")”. If, If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Xxxxxxxx agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the 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 confirm that, in the event it becomes become 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 the date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter promoter and that the Promoter shall be released and discharged from all its as obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, 202.61.117.163
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 20232022, 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, 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession Possession of the said Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottees and the common areas Common Areas to the Association association of Allottees is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project Project to be in place on June 2023, by-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"the “FORCE MAJEURE”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Apartment, Provided 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 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 Allottees the entire amount received by the Promoter Developer from the allotment within 45 days from that date. The Promoter Developer shall intimate to the allottee Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she the Allottees shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project Phase in the Project in place on June 2023, 31.12.2019 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “FORCE MAJEURE”). If, however, the completion of the Phase in 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, 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 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 within 45 days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project ("“Force Majeure"”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter based on the approved plans and specifications 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 June 2023, within 3 years 6 months after the construction starts 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, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - [Apartment] – The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, 31.08.2019 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("“Force Majeure"”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment, ]. 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: 202.61.117.163, 202.61.117.163
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendor agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendor, based on the approved plans and specifications, 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 June 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 Allottee(s) agrees that the Promoter Vendor shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 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 Allottee(s) the entire amount received by the Promoter Vendor 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 AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ she he/she/they 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - – The Promoter agrees Agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association association of Allottees Allottee or the competent authority, as the case may be, is the essence of the AgreementAgreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.2. below. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specificationsspecification, amenities and facilities of the project in place on June 2023, within the time period mentioned unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by the 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 condition then the Allottee agrees that the Promoter shall be entitled to the extension of the time for delivery of possession of the 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 conditionscondition, 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agree 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 obligation and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale (Agreement, Agreement for Sale (Agreement
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 2023March 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, 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - –The Promoter agrees and understands andunderstands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on June 2023, 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, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 2023December 2019, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment [Apartment] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 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], Provided 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottees and the common areas Common Areas to the Association association of Allottees is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project Project to be in place on June 2023, by-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"the “FORCE MAJEURE”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure Maje ure 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 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 Allottees the entire amount received by the Promoter Developer from the allotment within 45 days from that date. The Promoter Developer shall intimate to the allottee Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she the Allottees shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: By And, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project Phase in the Project in place on June 2023, 31.12.2018 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “FORCE MAJEURE”). If, however, the completion of the Phase in 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, 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 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 within 45 days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - APARTMENT: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees [Apartment] is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with [Apartment] alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, 31.12.2023 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, ] 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, 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment- The Promoter agrees and understands andunderstands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready on or before _ and that of complete common areas with all specifications, amenities and facilities of the project in place on June 2023or before , subject to timely execution of work by competent authority / Government agencies which fall under their scope of work unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("“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, Provided 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - to the allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be: The Promoter promoter agrees and understands that timely delivery of the "possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be is the essence of the Agreement. The Promoter promoter, based on the approved plans and specifications, 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 June 2023, or before ( ) 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 and/or due to pandemic and/or any Government Notification ("“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, 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 confirm that, in the event it becomes impossible for the Promoter promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter promoter shall refund to the Allottee the entire amount received by the Promoter promoter from the allotment within 45 days from that date. The Promoter days, excluding the applicable GST (which has been deposited by the promoter to the competent authority) and the promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter promoter and that the Promoter promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - – The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Developer assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on June 2023, 30.04.2028 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 Developer shall be entitled to the extension of time for delivery of possession of the Apartment, 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 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 Allottee(s) the entire amount received by the Promoter Developer from the allotment Allottee with interest within 45 forty-five days from that date. The Promoter Developer shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, unless 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 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, Provided provided that such Force Majeure conditions are not of a nature which make makes 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, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter “Owner/Promoter" agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter “Owner/Promoter", based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specificationson or before ………………., amenities and facilities of the project in place on June 202320……., unless there is delay or failure due to war, flood, drought, fire, cyclone, pandemic, 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/Promoter" shall be entitled to the extension of time for delivery of possession of the Apartment, 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 “Owner/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 (save and except amount received towards any taxes / impositions) by the Promoter “Owner/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, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter “Owner/Promoter" and that the Promoter “Owner/Promoter" shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas Phase Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the project said Phase of the Project in place on June 2023, 15.01.2023 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 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, 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 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 Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 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, . 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendors/Xxxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendors/Developer, based on the approved plans and specifications, 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 June 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 Allottee(s) agrees that the Promoter Vendors/Developer shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 Vendors/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendors/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendors/Developer 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 AllotteeAllottee(s), the Allottee Allottee(s) agrees that he/ she he/she/they shall not have any rights, claims etc. against the Promoter Vendors/Developer and that the Promoter Vendors/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees agree and understands understand that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved Sanctioned Plan and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specificationson the date specified in Schedule A, amenities and facilities of the project in place on June 2023that is, [●] 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 conditions, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allottee within 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, the Allottee agrees that he/ she he/she/they/it shall not have any rights, claims claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its their obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Designated Apartment - The and the Promoter agrees and understands that timely delivery of possession of the Designated Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Designated Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023within JUNE-2023 with a grace period upto 1 Year from stipulated date of completion barred from Act of God, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or other exigency affecting the regular development of the real estate project including delay in any Tenant vacating his occupied portion at the said premises ("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 Designated 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 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Wbhira Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee(s), is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete right to use common areas with all specifications, amenities and facilities of the project said Project in place on June 2023place, in the month of December 2020 with a grace period of Twelve (12) 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 projector any unforeseen occurrences, acts, court order or any other events, omissions or accidents which are beyond the reasonable control of the Ownersand 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 Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, 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 that, in the event it becomes impossible for the Promoter to implement the project saidProject 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 within 45 (forty five) days from that date. The Promoter shall intimate the allottee Allottee(s) about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s),the Allottee(s) agree(s) that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is 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 refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Apartment along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project Project in place on June 2023by March 2022, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “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 delivery of possession of the ApartmentProject, 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 Developer to implement the project 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 within 45 days from that date. The Promoter Developer shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Apartment along with ready and complete common areas right to use the Common Areas with all specifications, amenities and facilities of the project Project in place on June 2023December, 2021, (“Committed Possession Date”) unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or any other reason beyond the reasonable control of the Developer affecting the regular development of the real estate project ("“Force Majeure"”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make makes 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 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 Allottee within 45 (forty-five) days from that date. The Promoter Developer shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and/or the Apartment and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the project Project in place on June 2023, 30.09.2019 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("“Force Majeure"”). If, 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, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allotment within 45 (forty five) days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Promoters agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter Promoters assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project Phase in the Project in place on June 2023April, 2022 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project/Complex ("Force Majeure"the “FORCE MAJEURE”). If, however, the completion of the Third Phase in the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, 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 Promoters to implement the project said Third phase of the Project/Complex 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 within 45 days from that date. The Promoter Promoters shall intimate to the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on June 2023, 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, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project in Project place on June 2023, 30th April 2021 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “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, 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 said 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the Block B of the project in place on June 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, 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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Greement for Sale
POSSESSION OF THE APARTMENT. 7.1. 8.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, and such amendment(s) thereto, assures to hand over possession of the Apartment along with ready and complete common areas with all specificationson or before February, amenities and facilities of the project in place on June 20232027 , 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 including any pandemic or epidemic which may directly or indirectly affect the construction work ("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, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then the Promoter shall give a 30 (thirty) days prior written notice to the Allottee about the same, and upon expiry of the aforesaid notice period, 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 date of such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottee,and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment Apartment/Plot] along with ready and complete common areas Common Areas with all specifications, amenities and facilities of the project in place on June 2023within [∎]May, 2020 with a further grace of 6 months from the date hereof 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 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, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 60 days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Allotteethe 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - apartment, The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, Kolkata unless there is delay or failure due to war, floodfood, drought, fire, cyclone, earthquake or any other calamity calamity, caused by nature affecting the regular development of the real estate project ("“Force Majeure")”. If, If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Xxxxxxxx agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the 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 confirm that, in the event it becomes become 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 the date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter promoter and that the Promoter shall be released and discharged from all its as obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: And
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment:- The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023not later than 31st December, 2022 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 delivery of possession of the 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. The Promoter promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees said Unit is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along said Unit on or before 31st December 2027, with ready and complete common areas with all specifications, amenities and facilities an additional grace period of the project in place on June 20236 (six) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic / epidemic or any other calamity caused by nature or Court Order 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 extension of time for delivery of possession of the Apartmentsaid 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 the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter thePromoter 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, 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.
Appears in 1 contract
Samples: Agreement
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready on or before and that of complete common areas with all specifications, amenities and facilities of the project in place on June 2023or before , subject to timely execution of work by competent authority / Government agencies which fall under their scope of work unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project or any change in govt. rules and regulations beyond the control of the Developer ("“Force Majeure"”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas of the Phase I of the project as specified in the attached highlighted layout with all specifications, amenities and facilities of the project in place on June 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, Provided 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees Promoter/Xxxxxxxx agree and understands understand that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas of the Project 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 assures Promoter/ Xxxxxxxx assure to hand over possession of the Apartment along with ready and complete common areas of the Project with all specifications, amenities and facilities of the project Project in place on June 2023, unless there is delay or failure due to war, flood, droughtdraught, 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. 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 Promoter/ Xxxxxxxx shall refund to the Allottee the entire amount received by the Promoter Promoter/ Xxxxxxxx from the allotment within 45 (forty- five) days from that date. The Promoter Promoter/ Xxxxxxxx shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Owner & the Promoter/ Xxxxxxxx and that the Promoter Promoter/Xxxxxxxx shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment:- The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee Buyers and the common areas to the Association of Allottees Buyers or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter Developer 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 June not later than 31st Day of December, 2023, with a further 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 conditions, Covid Pandemic Situations and scarcity of labours, then the Allottee Buyers agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the 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 Buyers agree 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 Buyers the entire amount received by the Promoter Developer from the allotment within 45 days from that date. The Promoter Developer shall intimate the allottee Buyers about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeBuyers, the Allottee agrees Buyers agree that he/ she they shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 2023within 31st December 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, 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, within ………………….. with a grace period of further six months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic or any other calamity caused by nature affecting the regular development of the real estate project ("“Force Majeure"” as mentioned in Cl.7.1 and with Application of Booking Form Cl.9A & 9B). 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, . 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeXxxxxxxx, the Allottee Allotee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas Phase Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the project said Phase of the Project in place on June 20231st September, 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, If however, the completion of the said Phase 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, 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 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 Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Promoters agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter Promoters assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project Phase in the Project in place on June 2023April, 2021 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project/Complex ("Force Majeure"the “FORCE MAJEURE”). If, however, the completion of the Second Phase in the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, 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 Promoters to implement the project said second phase of the Project/Complex 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 within 45 days from that date. The Promoter Promoters shall intimate to the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendor agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendor, : 10 : based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities overall completion of the project in place Project on June 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 Allottee(s) agrees that the Promoter Vendor shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 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 Allottee(s) the entire amount received by the Promoter Vendor 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 AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - The the Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to authority, as the Association of Allottees case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, specifications amenities and facilities of the project in place on June 2023Uttarayan, Chinsurah Station Road, P.O- Chinsurah (R.S), P.S- Chinsurah, Dist.- Hooghly, Pin No. 712102, 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 force Majeure"’’). If, If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . 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, the Allottee agrees that he/ she she/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be he released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The 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 June 2023within 31st December 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, 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, 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 June 202331.08.2026, 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, 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. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendors/Xxxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendors/Developer, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specificationsby 31st DECEMBER, amenities and facilities of the project in place on June 2023, 2030 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake and/or epidemic and lockdown order imposed by the Government authority 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 Promoter Vendors/Developer shall be entitled to the extension of time for delivery of possession of the Apartment, 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 Vendors/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendors/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendors/Developer 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 AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ she she/ they shall not have any rights, claims etc. against the Promoter Vendors/Developer and that the Promoter Vendors/Developer shall be released and discharged from all its their obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION OF THE APARTMENT. 7.1. (i) Schedule for possession of the said Apartment - Apartment: The Promoter agrees Owners/Promoters through the Project Attorney agree and understands understand that timely delivery of possession of the Said Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Owners/Promoters, based on the approved plans and specifications, assures to hand over possession of the Said Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 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 Owners/Promoters shall be entitled to the extension of time for delivery of possession of the Said Apartment, 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 Owners/Promoters to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Promoters through the Project Attorney shall refund to the Allottee the entire amount received by the Promoter Owners/Promoters from the allotment within 45 days time agreed between the Parties from that date. The Promoter date and the Owners/Promoters shall intimate not be liable to pay any interest on the allottee about such termination at least thirty days prior to such terminationsaid amount. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Owners/Promoters and that the Promoter Owners/Promoters shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project in Project place on June 2023, 31st March 2019 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “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, 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 said 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. PLOT: 7.1 Schedule for possession of the said Apartment [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 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 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project in Project place on June 2023, 31st May 2019 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “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, 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 said 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Apartment - Said Apartment-The Promoter Promoters agrees and understands that timely delivery of possession of the Said Apartment And Appurtenances to the Allottee and the common areas Common Areas of the Said Project to the Association association of Allottees allottees (upon its formation and registration) is the essence of the Agreement. The Promoter Promoters, based on the approved plans and specifications, assures to hand over possession of the Said Apartment And Appurtenances along with ready and complete common areas Common Areas of the Said Project (as specified in Schedule E below) with all specifications, amenities and facilities of the project specifications (as provided in Schedule D below) in place on June 202330.09.2028(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 Said Project ("Force Majeure"). If, however, the completion of the Said Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the ApartmentSaid Apartment And Appurtenances, 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 Promoters to implement the project Said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoters shall refund to the Allottee the entire amount received by the Promoter Promoters 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, the Allottee agrees that he/ she 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - apartment, The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, Kolkata unless there is delay or failure due to war, floodfood, drought, fire, cyclone, earthquake or any other calamity calamity, caused by nature affecting the regular development of the real estate project ("“Force Majeure")”. If, If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . 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 become 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 the date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter promoter and that the Promoter shall be released and discharged from all its as obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of Allottees allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas right to use Common Areas with all specifications, amenities and facilities of the project in Project place on June 2023, 31st October 2020 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"the “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, 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 said 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association of Allottees allottees of the Luxury Zone and Luxury portion of the Future Development on its formation or to the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas of the Project with all specifications, amenities and facilities of the project Project (except certain facilities of Club which will be available upon completion of all the Towers/ Phases of the Luxury Zone) in place on June 202330.09.2023, unless there is delay or failure due to war, flood, droughtdraught, 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. 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project said Phase of the Project in place on June 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 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, 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 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 Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Promoter/Transferor agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter/Transferor, based on the approved plans and specifications, 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 June 2023, 31 December 2021 unless there is delay or failure due to (i) war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting or any other event as prescribed under Applicable Laws (“Force Majeure”)affecting the regular development of the real estate project or ("Force Majeure"ii) any reasonable circumstances as may be approved by the authority concerned under Applicable Laws (“Reasonable Circumstances”). If, however, the completion of the Project is delayed due to the Force Majeure conditions and/or due to Reasonable Circumstances then the Allottee Allottee/Transferee agrees that the Promoter Promoter/Transferor shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions and/or the Reasonable Circumstances are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee/Transferee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Transferor to implement the project due to Force Majeure conditionsconditions and/or Reasonable Circumstances, then this allotment shall stand terminated and the Promoter Promoter/Transferor shall refund without interest to the Allottee Allottee/Transferee the entire amount received by the Promoter Promoter/Transferor 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/Transferee, the Allottee Allottee/Transferee agrees that he/ she he/she/it shall not have any rights, claims etc. against the Promoter Promoter/Transferor and that the Promoter Promoter/Transferor shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement to Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that understandsthat timely delivery of possession of the Apartment to the Allottee and the common areas Common Areas to the Association of Allottees Association, is the essence of the Agreement. The 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 June 2023or before 31-12-2019, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature and other circumstances beyond the control of the Promoter 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, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allottee within 45 days from that date. The Promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendors/Xxxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter assures Vendors/Developer, based on the approved plans and specifications, assure 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 June 2023, December 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 Allottee(s) agrees that the Promoter Vendors/Developer shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 Vendors/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendors/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendors/Developer from the : 15 : 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 AllotteeAllottee(s), the Allottee Allottee(s) agrees that he/ she he/she/they shall not have any rights, claims etc. against the Promoter Vendors/Developer and that the Promoter Vendors/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee(s), is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete right to use common areas with all specifications, amenities and facilities of the project said Project in place on June 2023place, in the month of March 2019 with a grace period of Twelve (12) 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 projector any unforeseen occurrences, acts, court order or any other events, omissions or accidents which are beyond the reasonable control of the Ownersand 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 Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, 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 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 Allottee(s) the entire amount received by the Promoter from the allotment within 45 (forty five) days from that date. The Promoter shall intimate the allottee Allottee(s) about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s),the Allottee(s) agree(s) that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is 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 refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, within MARCH’2021 with a grace period of further 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"” as mentioned in Cl.7.1 and with Application of Booking Form Cl.9A & 9B). 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, . 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 with in 45 days from that date. The Promoter promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeXxxxxxxx, the Allottee Allotee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of the possession of the Apartment to the Allottee along with ready and complete the common areas to Common Areas of the Association of Allottees Project is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specificationsCommon Areas, amenities and facilities if any, of the project in place on June 2023Project within 31st December 2027, unless there is a 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 the delivery of possession of the Apartment. 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 Allottee about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendors/Xxxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendors/Developer, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specificationsby 31st March, amenities and facilities of the project in place on June 2023, 2030 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Promoter Vendors/Developer shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 Vendors/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendors/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendors/Developer 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 AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ she she/ they shall not have any rights, claims etc. against the Promoter Vendors/Developer and that the Promoter Vendors/Developer shall be released and discharged from all its their obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees Allottee, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project said Phase 1 of the Project in place on June 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 1 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, 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 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 Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment Apartment/Plot along with ready and complete common areas with all specifications, amenities and facilities (as prescribe in relevant Schedule of this agreement) of the project in place on June 2023or before 30 Dec 2022, unless there is delay or failure due to any restrictions imposed by the Government or any competent authority, non availability of steel/cement/other building material, water or electric supply, war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project and any other reason beyond the control of the promoter ("“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, Provided 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendor/Xxxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendor/Developer, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities overall completion of the project in place Project on June 2023May, 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 Allottee(s) agrees that the Promoter Vendor/Developer shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 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 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 AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule schedule for possession of the said Apartment - – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of the Allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specificationsspecification, amenities and facilities of the project in place on June 202330th,November,2022, unless there is a delay or failure due to war, floodfood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project estates project. ("Force Majeure"). If, 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 ApartmentApartment , 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 promoter to implement the project due to Force Majeure force majeure conditions, then this allotment shall stand terminated and the Promoter promoter shall refund to the Allottee the entire amount received by the Promoter 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, the Allottee agrees that he/ he/she shall not have any rights, claims claims, etc. against the Promoter promoter and that the Promoter promoter shall be released and discharged from all its obligations and liabilities under this Agreementagreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023, not later than 60(Sixty) 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"” as mentioned in Cl.7.1 and with Application of Booking Form Cl.9A & 9B). 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, . 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Contd…. P / 12 Agreement. The Promoter assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023within 31st December 2020 for Kamala Dham Phase – I, 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, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: 202.61.117.163
POSSESSION OF THE APARTMENT. 7.1. i. Schedule for the possession of the said Apartment - Apartment- The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, 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 June 2023, December 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, . 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 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 (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, the Allottee agrees Allottee/s agree/s that he/ she 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Contd…. P / 12 XXXXXXX XXXXXXXX BUILDCON LLP Partner For Represented as Constituted Attorney on behalf of Om Xxxxxxx Xxxxxxxx = 12 = Agreement. The Promoter assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 2023within 31st December 2024 for Xxxxxx Xxxx Phase – III, 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, . 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 Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: 202.61.117.163
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, 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 June 2023, 31 December 2021 unless there is delay or failure due to (i) war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting or any other event as prescribed under Applicable Laws (“Force Majeure”)affecting the regular development of the real estate project or ("Force Majeure"ii) any reasonable circumstances as may be approved by the authority concerned under Applicable Laws (“Reasonable Circumstances”). If, however, the completion of the Project is delayed due to the Force Majeure conditions and/or due to Reasonable Circumstances then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions and/or the Reasonable Circumstances are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsconditions and/or Reasonable Circumstances, then this allotment shall stand terminated and the Promoter shall refund without interest 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, the Allottee agrees that he/ she he/she/it shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement to Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter, assures to hand over possession of the Apartment along with ready and complete common areas (as be applicable) with all specifications, amenities and facilities comprised in the Phase-IIA of the project in place on June 2023or before 31.12.2023, 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 (as defined in the Act) then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the 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. The Promoter promoter shall intimate the allottee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. Schedule for possession of the said Said Apartment - – The Promoter agrees and understands that timely delivery of possession of the said Apartment to the all Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter assures to hand over possession of the Said Apartment along with ready and complete common areas Phase III, Common Areas with all specifications, amenities and facilities of the project in place on June 2023, 31.03.2025 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused causes 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 agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the 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 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, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Vendor agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Vendor, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities overall completion of the project in place on June 2023, Project on............................unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Promoter Vendor shall be been entitled to the extension of time for delivery of possession of the Apartment, 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 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 Allottee(s) the entire amount received by the Promoter Vendor 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 AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ 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.
Appears in 1 contract
Samples: Agreementforsale
POSSESSION OF THE APARTMENT. 7.1. 6.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment Apartment/ Car Parking Space to the Allottee allottee and the common areas to the Association association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project as mentioned in Schedule “D” and “E” in place on June 2023end of October 2024, with a grace period of Six Months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("“Force Majeure"”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided 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 promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - Apartment- The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specificationson 30th June, amenities and facilities of the project in place on June 2023, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or other exigency 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, 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 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, the Allottee agrees that he/ she 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. 7.1. 7.1 Schedule for possession of the said Apartment - The Promoter Vendor/Xxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Vendor/Promoter based on the approved plans and specifications 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 June 2023, within 3 years 6 months after the construction starts 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 Vendor/Promoter shall be entitled to the extension of time for delivery of possession of the 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 Vendor/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor/Promoter shall refund to the Allottee the entire amount received by the Vendor/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, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Vendor/Promoter and that the Vendor/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Appears in 1 contract
Samples: Agreement for Sale