Common use of POSSESSION OF THE DUPLEX Clause in Contracts

POSSESSION OF THE DUPLEX. 7.1 Schedule for possession of the said Duplex- The Promoter agrees and understands that timely delivery of possession of the Duplex to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures of time period within which the development worked of the Phase-1 shall be completed by me/Promoter is 48 months which will start from the date on Nov. 2017 and after that which one unit will be booked we will complete it within 30 months from the date of booking. 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 Duplex 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: Agreement for Sale

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POSSESSION OF THE DUPLEX. APARTMENT/ROW-HOUSE: 7.1 Schedule for possession of the said Duplex- Duplex [Apartment/ROW-HOUSE] - The Promoter agrees and understands that timely delivery of possession of the Duplex to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures of time period within which the development worked to hand over possession of the Phase-1 shall be completed by meDuplex [Apartment/Promoter is 48 months which will start from ROW-HOUSE] along with ready and complete common areas with all specifications, amenities and facilities of the date “PHASE-02” of the project in place on Nov. 2017 and after that which one unit will be booked we will complete it within 30 months from the date of booking. Unless November 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 Duplex [Apartment/ROW- HOUSE] 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: Agreement for Sale

POSSESSION OF THE DUPLEX. 7.1 Schedule for possession of the said Duplex- Duplex: - The Promoter agrees and understands that timely delivery of possession of the Duplex to the allottee Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures of time period within which the development worked to hand over possession of the Phase-1 shall be completed by me/Promoter is 48 months which will start from Duplex along with ready and complete common areas with all specifications, amenities and facilities of the project in place on date on Nov. 2017 and after that which one unit will be booked we will complete it within 30 months from the date of booking. Unless , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Duplex 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 DUPLEX. 7.1 Schedule for possession of the said Duplex- Duplex - The Promoter agrees and understands that timely delivery of possession of the Duplex to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures of time period within which the development worked to hand over possession of the Phase-1 shall be completed by me/Promoter is 48 months which will start from Duplex along with ready and complete common areas with all specifications, amenities and facilities of the date project in place on Nov. 2017 and after that which one unit will be booked we will complete it within 30 months from the date of booking. Unless , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Duplex Duplex, 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. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Duplex, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the Duplex, as the case may be, to the allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

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POSSESSION OF THE DUPLEX. APARTMENT/ROW-HOUSE: 7.1 Schedule for possession of the said Duplex- Duplex[Apartment/ROW-HOUSE] - The Promoter agrees and understands that timely delivery of possession of the Duplex to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures of time period within which the development worked to hand over possession of the Phase-1 shall be completed by meDuplex[Apartment/Promoter is 48 months which will start from ROW-HOUSE] along with ready and complete common areas with all specifications, amenities and facilities of the date “PHASE-03” of the project in place on Nov. 2017 and after that which one unit will be booked we will complete it within 30 months from the date of booking. Unless November 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 Duplex [Apartment/ROW- HOUSE] 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: Agreement for Sale

POSSESSION OF THE DUPLEX. 7.1 Schedule for possession of the said Duplex- The Promoter agrees and understands that timely delivery of possession of the Duplex to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures of time period within which the development worked to hand over possession of the Phase-1 shall be completed by me/Promoter is 48 months which will start from Duplex along with ready and complete common areas with all specifications, amenities and facilities of the date “XXXXX- 00” of the project in place on Nov. 2017 and after that which one unit will be booked we will complete it within 30 months from the date of booking. Unless March-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 Duplex 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: Agreement for Sale

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