Common use of POSSESSION OF THE APARTMENT Clause in Contracts

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 said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st December 2026 with a grace period of 6 months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree and confirm that, in the event it becomes impossible for the Promoter to implement the said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter from the allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified 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 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

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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 said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st on 31 December 2026 with a grace period of 6 months 2021 unless there is delay or failure due to (i) war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic 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 (ii) any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond reasonable circumstances as may be approved by the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations authority concerned under this agreement Applicable Laws (“Force MajeureReasonable Circumstances”). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions and/or due to Reasonable Circumstances then the Allottee agree agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, 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 agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter to implement the said Project 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 {less any taxes collected from the Allottee} received by the Promoter from the allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that they 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. 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 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 to Sale

POSSESSION OF THE APARTMENT. 7.1 i. Schedule for possession of the said Apartment - The Promoter Owner/Xxxxxxxxx agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Owner/Developer assures to hand over possession of the said Apartment along with ready and complete Common Areas all specificationswithin 31st January, amenities and facilities of the said Project in 31st December 2026 2020 with a grace period of 6 6(six) months (“Committed Possession Date”) unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature or any other reason beyond the reasonable control of the Owners/Developer affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If however, the completion of the said Project is delayed due to the Force Majeure conditions conditions, then the Allottee agree agrees that the Promoter Owner/Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. The Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter Owner/Developer to implement the said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Developer shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter Owner/Developer from the allotment Allottee within 45 (forty forty-five) days from that datedate without any interest. The Promoter Owner/Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she/they shall not have any rightsright, claims claim etc. against the Promoter Owner/Developer and/or the Apartment and that the Promoter Owner/Developer 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 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 Schedule for possession of the said Apartment - The Promoter Owner/Vendor agrees and understands that timely delivery of possession of the said Apartment [Apartment] to the Allottee Allottee/ Purchaser and the Common Areas common areas to the Association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Owner/Vendor assures to hand over handover possession of the said Apartment [Apartment] along with ready and complete Common Areas common areas with all specifications, amenities and facilities of the said Project in 31st December 2026 with a grace period of 6 months place within 30th June 2021 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting effecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee/ Purchaser agrees that the Promoter Owner/Vendor shall be entitled to the lawful/ reasonable 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 agree However the Allottee(s)/Purchaser agrees and confirm confirms that, in the event it becomes impossible for the Promoter Owner/Vendor to implement the said Project project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Vendor shall refund to the Allottee Allottee(s)/Purchaser the entire amount {less any taxes collected from the Allottee} received by the Promoter Owner/Vendor from the allotment Allotment within 45 (forty five) days from that date. The Promoter Owner/Vendor shall intimate the Allottee Allottee/ Purchaser about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the Allottee/Purchaser, the Allottee agrees Allottee/Purchaser agreed that they he/ she shall not have any rights, claims etc. against the Promoter Owner/Vendor and that the Promoter Owner/Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. 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 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 - Said Apartment-The Promoter Promoters agrees and understands that timely delivery of possession of the said Said Apartment And Appurtenances to the Allottee and the Common Areas of the Said Project to the Association or the competent authority, as the case may be, association of 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 Said Apartment And Appurtenances along with ready and complete Common Areas all specifications, amenities and facilities of the said Said Project (as specified in 31st December 2026 Schedule E below) with a grace period of 6 months all specifications (as provided in Schedule D below) in place on (Completion Date), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement Said Project ("Force Majeure"). If If, however, the completion of the said Said Project is delayed due to the Force Majeure conditions then the Allottee agree agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the said ApartmentSaid Apartment And Appurtenances, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter Promoters to implement the said 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 {less any taxes collected from the Allottee} received by the Promoter Promoters from the allotment within 45 (forty five) days from that date. The Promoter Promoters shall intimate the Allottee allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that they 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. 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 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 Said Apartment - The Promoter Vendor agrees and understands that timely delivery of possession of the said Said Apartment to the Purchaser/Allottee and the Common Areas of the Project to the Association or the competent authority, as the case may be, association of Purchaser/Allottees (upon its formation and registration) is the essence of the Agreement. The Promoter Vendor assures to hand over possession of the said Apartment Said Apartment, described in the Third Schedule below along with ready and complete Common Areas all specifications, amenities and facilities of the said Project as specified in 31st December 2026 with a grace period the Fourth Schedule below withall specifications (as provided in Seventh Schedule below) in place on or before October, 2023 for Block ‘D’ of 6 months the complex unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement Project ("Force Majeure"). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Purchaser/Xxxxxxxx agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the said Apartment, provided Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Purchaser/Xxxxxxxx agrees and confirm confirms that, in the event it becomes impossible for the Promoter Vendor to implement the said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Purchaser/Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter Vendor from the allotment within 45 (forty five) days from that date. The Promoter Vendor shall intimate the Purchaser/Allottee about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the Purchaser/Allottee, the Purchaser/Allottee agrees that they 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. 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 The Possession Date has been accepted by the Promoter Purchaser/Allottee. However, if the Said Apartment is made ready prior to the Completion Date, the Purchaser/Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the Purchaser/Allottee are linked inter alia to the progress of construction, and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionssame is not a time linked plan.

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 Owners/Xxxxxxxxx agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Owners/Developer assures to hand over possession of the said Apartment along with ready and complete Common Areas all specificationswithin 31st December, amenities and facilities of the said Project in 31st December 2026 2021 with a grace period of 6 6(six) months (―Committed Possession Date‖) unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature or any other reason beyond the reasonable control of the Owners/Developer affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If however, the completion of the said Project is delayed due to the Force Majeure conditions conditions, then the Allottee agree agrees that the Promoter Owners/Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. The Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter Owners/Developer to implement the said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Developer shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter Owners/Developer from the allotment Allottee within 45 (forty forty-five) days from that datedate without any interest. The Promoter Owners/Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she/they shall not have any rightsright, claims claim etc. against the Promoter Owners/Developer and/or the Apartment and that the Promoter Owners/Developer 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 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 Said Apartment - The Promoter Vendor agrees and understands that timely delivery of possession of the said Said Apartment to the Purchaser/Allottee and the Common Areas of the Project to the Association or the competent authority, as the case may be, association of Purchaser/Allottees (upon its formation and registration) is the essence of the Agreement. The Promoter Vendor assures to hand over possession of the said Apartment Said Apartment, described in the Third Schedule below along with ready and complete Common Areas all specifications, amenities and facilities of the said Project as specified in 31st December 2026 with a grace period the Fourth Schedule below withall specifications (as provided in Seventh Schedule below) in place on or before October, 2023 for Block ‘D’ of 6 months the complex unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement Project ("Force Majeure"). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the Purchaser/Allottee agree agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the said Apartment, provided Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Purchaser/Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter Vendor to implement the said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Purchaser/Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter Vendor from the allotment within 45 (forty five) days from that date. The Promoter Vendor shall intimate the Purchaser/Allottee about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the Purchaser/Allottee, the Purchaser/Allottee agrees that they 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. 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 The Possession Date has been accepted by the Promoter Purchaser/Allottee. However, if the Said Apartment is made ready prior to the Completion Date, the Purchaser/Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the Purchaser/Allottee are linked inter alia to the progress of construction, and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionssame is not a time linked plan.

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 said Apartment to the Allottee Allottee(s) and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas Areas, all specifications, amenities and facilities of the said Project in 31st December 2026 with a grace period of 6 months place on ______________ unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic pandemic, epidemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Owners and 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”)) and shall install and complete the common Areas, Amenities and Facilities in the Project mentioned in Part I and Part II of the Schedule C within a reasonable time thereafter which shall not exceed a period of six months thereafter. If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agree(s) and confirm confirm(s) that, in the event it becomes impossible for the Promoter to implement the 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 {less any taxes collected from the AllotteeAllottee(s)} 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 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottee(s), the Allottee agrees Allottee(s) agree(s) that he/she/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 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 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 Schedule for possession of the said Apartment - The Promoter Promoter/Transferor agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Transferor, based on the approved plans and specifications, assures to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st on 31 December 2026 with a grace period of 6 months 2021 unless there is delay or failure due to (i) war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic 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 (ii) any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond reasonable circumstances as may be approved by the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations authority concerned under this agreement Applicable Laws (“Force MajeureReasonable Circumstances”). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions and/or due to Reasonable Circumstances then the Allottee agree Allottee/Transferee agrees that the Promoter Promoter/Transferor shall be entitled to the extension of time for delivery of possession of the said Apartment, 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 agree Allottee/Transferee agrees and confirm confirms that, in the event it becomes impossible for the Promoter Promoter/Transferor to implement the said Project 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 {less any taxes collected from the Allottee} 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 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee/Transferee, the Allottee Allottee/Transferee agrees that they 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. 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 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 to 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 said Apartment to the Allottee Allottee(s) and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas Areas, all specifications, amenities and facilities of the said Project in 31st December 2026 place on [•] with a grace period of 6 months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Owner and 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 however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agree(s) and confirm confirm(s) that, in the event it becomes impossible for the Promoter to implement the 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 {less any taxes collected from the AllotteeAllottee(s)} 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 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s) agree(s) that they 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 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

POSSESSION OF THE APARTMENT. 7.1 Schedule for possession of the said Apartment - Apartment/Flat Apartment/Flat – The Promoter Developer agrees and understands that timely delivery of possession of the said Apartment Apartment/Flat Apartment/Flat to the Allottee Allottee/s and the Common Areas common areas to the Association association of Allottee/s 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 said Apartment Apartment/Flat Apartment/Flat along with ready and complete Common Areas common areas with all specifications, amenities and facilities of the said Project in 31st December 2026 with a grace period of 6 months place on unless there is delay or failure due to war, floodfloor, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“{‘Force Majeure”). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions condition then the Allottee agree Allottee/s agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, provided /Flat Apartment/Flat. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee/s agrees and confirm confirms that, in the event it becomes impossible for the Promoter Developer to implement the said Project 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 {less any taxes collected from the Allottee} received by the Promoter Developer from the allotment within 45 (forty five) days from that date. The Promoter Developer shall intimate the Allottee Allottee/s about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the Allottee/s, the Allottee Allottee/s agrees that they 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. 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 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 Schedule for possession of the said Apartment - The Owner/Vendor/ Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee Allottee(s) and the Common Areas common areas to the Association of Allottee(s) 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 said Apartment along with ready and complete Common Areas common areas with all specifications, amenities and facilities of the said Project in 31st December 2026 with place on 31.12.2019 and it may further be extended for a grace period of 6 months more or less Six (Six) months, which subject to extendable due to force majeure as defined in Clause 40 of this Agreement and the Allottee(s) agrees the same i.e. unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting effecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (due to “Force Majeure”). If If, however, the completion of the said Apartment/Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agrees that the Owner/Vendor/Promoter shall be entitled to the extension of time for delivery of possession of the Apartment. The Possession Date as stated above has been accepted by the Allottee(s). However, if the said ApartmentApartment is made ready prior to the Completion Date, provided the Allottee(s) undertakes(s) and covenant(s) not to make or raise any objection to the consequent pre-ponement of his/her/their/its payment obligations, having clearly agreed and understood that the payment obligations of the Allottee(s) are linked inter alia to the progress of construction, and the same is not a time linked plan. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agrees and confirm confirms that, in the event it becomes impossible for the Owner/Vendor/Promoter to implement the said Project project due to Force Majeure conditions, then this allotment shall stand terminated and the Owner/Vendor/Promoter shall refund to the Allottee Allottee(s) the entire amount {less any taxes collected from the Allottee} received by the Owner/Vendor/Promoter from the allotment Allotment within 45 (forty five) days from that date. The Owner/Vendor/Promoter shall intimate the Allottee Allottee(s) about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the AllotteeAllottee(s), the Allottee agrees Allottee(s) agreed that he/she/they shall not have any rights, claims etc. against the Owner/Vendor/Promoter and that the Owner/Vendor/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 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 Schedule for possession of the said Apartment - Apartment, : The Sub-Lessor/Promoter agrees and understands that timely delivery of possession of the said Apartment Apartment, to the Allottee Sub-Lessee/Allottee/Purchaser and the Common Areas to the Association or of the competent authority, as the case may beSub-Lessee/Allottees/Purchaser, is the essence of the Agreement. The Sub- Lessor/Promoter assures to hand over possession of the said Apartment along /Unit] with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st December 2026 place on 31/01/2028 with a grace period of 6 12 months (Completion date) . Similarly, the Common areas will be handed over progressively on completion of each phase unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity calamity, order, rule, notification of the government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If The Common Areas of the entire Project shall be completed on the completion of the entire Project and not with completion of the respective phases, However such Common Areas of the Project will get connected on the completion of all the phases of the Project. If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the Sub-Lessee/Allottee agree agrees that the Sub-Lessor/Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided and the same shall not include the period of extension given by the Authority for registration, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Sub-Lessor/Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities /Amenities may be incomplete. The Allottee agree Sub-Lessee/Allottee/Purchaser agrees and confirm confirms that, in the event it becomes impossible for the Promoter to implement the said Project project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Sub-Lessee/Allottee/Purchaser the entire amount {less any taxes collected from the Allottee} received by the Sub-Lessor/Promoter from the allotment within 45 (forty five) days from that date. The Sub- Lessor/Promoter shall intimate the Allottee Sub-Lessee/Allottee/Purchaser about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the Sub-Lessee/Allottee, the Allottee Sub-Lessee/Allottee/Purchaser agrees that they he/ she shall not have any rights, claims etc. against the Sub-Lessor/Promoter and that the Sub-Lessor/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 Sub-Lessee/Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Town Square

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POSSESSION OF THE APARTMENT. 7.1 Schedule for possession of the said Apartment - Apartment: The Promoter Owners/Vendors agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association or of the competent authority, as the case may be, Allottees ,is the essence of the Agreement. Provided that the Owners/Vendors shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Owners/Vendors for giving possession of the Apartment on the date mentioned herein and the same shall be in addition to the period of extension given by the Authority for registration. The Promoter Owners/Vendors, assures to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st December 2026 by ………… with a grace period of 6 12 months (Completion date), unless there is a delay or failure due to failure, war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement other reason (“Force Majeure”). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree agrees that the Promoter Owners/Vendors shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter Owners/Vendors to implement the said Project project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Vendors shall be under an obligation to refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter Owners/Vendors from the allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, date and the Allottee agrees that they he/ she shall not have any rights, claims etc. against the Promoter Owners/Vendors and that the Promoter Owners/Vendors shall be released and discharged from all its obligations and liabilities under this Agreement, except to refund the amount as aforesaid. 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 Owners/Vendors and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. It is further clarified that the right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project.

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 said Apartment to the Allottee Allottee(s) and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas Areas, all specifications, amenities and facilities Installations of the said Project in place on 31st December 2026 December, 2019 with a grace period of 6 months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Owners and 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 however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agree(s) and confirm confirm(s) that, in the event it becomes impossible for the Promoter to implement the 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 {less any taxes collected from the AllotteeAllottee(s)} 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 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s) agree(s) that they 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 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 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee Allottee(s) and the Common Areas common areas to the Association (subject to its formation and registration) or the competent authority, as the case may be, is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. However, if the said apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant(s) not to make or raise any objection to the consequent pre- ponement of his/her/their/ its payment obligations, having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas Areas, right to use common areas with all specifications, common amenities and facilities of the said Project in 31st December 2026 place within the possession date 30th Sep,2022 with a grace period of 6 months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Owner and 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 however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agree(s) and confirm confirm(s) that, in the event it becomes impossible for the Promoter to implement the 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 {(less any taxes collected from the Allottee} ) received by the Promoter from the allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottee(s), the Allottee agrees Allottee(s) agree(s) that he/she/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 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 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 Owner/Xxxxxxxxx agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Owner/Developer assures to hand over possession of the said Apartment along with ready and complete Common Areas all specificationswithin 31st January, amenities and facilities of the said Project in 31st December 2026 2020 with a grace period of 6 6(six) months (“Committed Possession Date”) unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature or any other reason beyond the reasonable control of the Owners/Developer affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If however, the completion of the said Project is delayed due to the Force Majeure conditions conditions, then the Allottee agree agrees that the Promoter Owner/Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. The Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter Owner/Developer to implement the said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Developer shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter Owner/Developer from the allotment Allottee within 45 (forty forty-five) days from that datedate without any interest. The Promoter Owner/Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she/they shall not have any rightsright, claims claim etc. against the Promoter Owner/Developer and/or the Apartment and that the Promoter Owner/Developer 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 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 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee Allottee(s) and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas Areas, all specifications, amenities and facilities of the said Project in 31st December 2026 place on 30th April, 2022 with a grace period of 6 months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Owners and 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 however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agree(s) and confirm confirm(s) that, in the event it becomes impossible for the Promoter to implement the 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 {less any taxes collected from the AllotteeAllottee(s)} 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 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s) agree(s) that they 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 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 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may beAllottee, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Phase 2 of the Project in place on 31st December December, 2026 with a grace period of 6 months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, epidemic, pandemic, health emergency, Governmental actions including spread of Covid-19 pandemic lockdowns or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If however, the completion of the said Phase 2 of the Project is delayed due to the Force Majeure conditions Majeureconditions or any other events beyond the control of the Promoter including but not limited to any change in law, non- availability or irregular availability of essential inputs, labour, water supply or sewerage disposal connection or electric power, or slow down or strike by contractor, construction agency employed/to be employed, change in any Governmental/Statutory Notifications, any order/stipulation of the courts/statutory or local authorities, any prohibition order from any court of law or statutory authorities then the Allottee agree agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implementedimplemented by the Promoter during the continuance of such event and also till such further time as may be required to overcome the effect of such event. The Allottee agree agrees to co operate with the Promoter in such a situation and confirm records its consent to such extension of time for delivery of possession. The Allottee further agrees and confirms that, in the event it becomes impossible for the Promoter to implement the said Phase 2 of the Project due to any Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter from the allotment Allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that they 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 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 Schedule for possession of the said Apartment - The -- Subject to compliance of the terms and conditions as set out in clause No. 1 and 2 hereinabove by the allottee, the Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee allottee and the Common Areas 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 said Apartment along with ready and complete Common Areas common areas with all specifications, amenities and facilities of the said Project project in 31st December 2026 with a grace period of 6 months place on or before , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Allottee agree agrees and confirm confirms that, in the event it becomes impossible for the Promoter to implement the said Project project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} only received by the Promoter from the allotment within 45 (forty five) days from that date. The Promoter promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination. However, it is agreed hereto between the parties that the Promoter will keep the project insured against all force majeure conditions, and in the event of any force majeure condition making the project impossible to be implemented, then the period of refund of amount may extend to the time taken by the insurance company to reimburse the insurance value to the Promoter. After refund of the money paid by the Allottee, the Allottee agrees that they 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 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 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee Allottee(s) and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st December 2026 place on , with a grace period of 6 (six) months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic earthquake, epidemic or any other calamity caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agree Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agree Allottee(s) agree(s) and confirm confirm(s) that, in the event it becomes impossible for the Promoter to implement the 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 {[less any taxes collected from the Allottee} Allottee(s)] 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 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottee(s), the Allottee agrees Allottee(s) agree(s) that they he/she shall not have any rightsright, claims claim 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 Allottee(s) shall be free to approach the authorities concerned for refund of such duty, taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Sale

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