REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa and warrants to the Promoter and the Owner as follows:
(i) The execution and delivery of this Agreement and the performance of his/her /its obligations hereunder shall not (i) conflict with or result in a breach of the terms of any other contract or commitment to which he/she/it is a party or by which he/she/it is bound;(ii) violate its memorandum of Association , articles of Association or bye laws or any other equivalent organizational document (if applicable) (iii) conflict with or require any consent or approval under any judgment , order, writ, decree, permit or license to which he/she/it is bound or (iv) require the consent or approval of any other party to any contract ,instrument or commitment to which he/she/it is a party or by which he/she/it is bound.
(ii) There are no actions ,suits or proceedings existing, pending or to his/its knowledge , threatened against or affecting him /her/it before any court , arbitrator or governmental authority or administrative body or agency that affect the validity or enforceability of this Agreement or that would affect his/her/its ability to perform his/her/its obligations hereundwith his/her/its obligations under or in connection with this Agreement ,.
(iii) That he/she/it enters into this Agreement out of his/her/its own free will and without any coercion and after reviewing and understanting a draft of this Agreement and agrees that the obligations under this Agreement are valid and legal and binding on him/her/it in accordance with the terms hereof.
(iv) His/her/its entry into this Agreement, and the exercise of his/her/its rights and performance of the compliance with his/her/its obligations under or in connection with this Agreement or any other documents entered into under or in connection with this Agreement , will constitute private and commercial acts done and performed for private and commercial purposes.
(v) The Allottee has the financial and other resources , to meet and comply with all his /her/its obligations under this Agreement , punctually and in a timely manner and that the Allottee , has not used and shall not use ‘proceeds of crime’ as defined in prevention of Money Laundering Act,2002, for making any payments hereunder.
(vi) The Allottee shall observe , perform and fulfil the covenants, stipulations , restrictions and obligations required to be performed by the Allottee hereunder. Flowers should not be plucked and plants or trees should not be destroyed in lan...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby represents and warrants to the Promoter/Owner as follows:-
1. THAT the Allottee shall have no right, title or interest of any nature whatsoeveron the land and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration including other charges and after registration of the said flat and car park space.
2. THAT the Allottee shall have no right to claim any partition and or separation of the land where on the building is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land.
4. THAT the Allottee and other owners/occupiers of the said building shall from a society, association or company for maintaining the said building and the common areas of the said building and to be a member of Apartment owners’ Association, society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building and common parts thereof and shall observe and perform all rules and buy-laws of such association or society.
5. THAT the Developer M/S Balaji shall, by itself or through its nominated agency, maintain the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year maintenance of the common areas the onus/responsibility of maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event of such body as aforesaid, not having been constituted by then, the responsibility of common area maintenance shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or t...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa and warrants to the Promoter and the Owner as follows:
(i) The execution and delivery of this Agreement and the performance of his/her /its obligations hereunder shall not (i) conflict with or result in a breach of the terms of any other contract or commitment to which he/she/it is a party or by which he/she/it is bound;(ii) violate its memorandum of Association , articles of Association or bye laws or any other equivalent organizational document (if applicable) (iii) conflict with or require any consent or approval under any judgment , order, writ, decree, permit or license to which he/she/it is bound or
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa and warrants to the Promoter and the Owner as follows:
(i) The execution and delivery of this Agreement and the performance of his/her /its obligations hereunder shall not (i) conflict with or result in a breach of the terms of any other contract or commitment to which he/she/it is a party or by which he/she/it is bound;(ii) violate its memorandum of Association , articles of Association or bye laws or any other equivalent organizational document (if applicable) (iii) conflict with or require any consent or approval under any judgment , order, writ, decree, permit or license to which he/she/it is bound or
(iv) require the consent or approval of any other party to any contract ,instrument or commitment to which he/she/it is a party or by which he/she/it is bound.
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee, with intention to bring all the persons into whosoever‟s hands the said Premises and/or its rights, entitlements and obligations under this Agreement, may come, hereby covenants with the Promoter as follows:
(i) The Allottee agrees not to do omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the said building/ project or the Promoter or its representatives. In the event the Allottee does or omits to do any such act, deed or thing then the Promoter shall, without prejudice to any other rights or remedies available in law, have the option to the terminate this agreement by sending the notice of termination to the Allottee;
(ii) To maintain the said Premises at the Allottee's own cost (to be borne and paid by the Allottee) in good and tenantable repair and condition from the date on which the possession of the said Premises is taken and shall not do or suffer to be done anything in or to the Real Estate Project which may be against the applicable rules, regulations or bye-laws or change / alter or make any addition in or to the said building / Wing in which the said Premises is situated and the said Premises itself or any part thereof, without the consent of the Local Authorities and the Promoter;
(iii) Not to store in the said Premises any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the Real Estate Project in which the said Premises is situated or storing of which goods is objected by the concerned local or other authority and the Allottee shall take due care and precaution while carrying heavy packages which may damage or are likely to damage the staircases, lift, common passages or any other structure of the said Wing/Building or any part thereof in which the said Premises is situated the Allottee shall be liable for the consequences of such breach;
(iv) To carry out at his/her/its own cost and expenses (to be borne and paid by the Allottee) all internal repairs to the said Premises and maintain the said Premises in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the said Premises or Real Estate Project in which the said Premises is situated which may be contrary to the rules and regulations of the concerned local a...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. (S)
(i) To maintain the Unit at the Allottee's own cost in good and tenantable repair and condition from the date of offer of possession of the Unit and shall not do or suffer to be done anything in or to the building in which the Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Unit is situated and the Unit itself or any part thereof without the consent of the local authorities, if required.
(ii) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(iii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority.
(iv) Not to demolish or cause to be demolished the Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the said Building and shall keep the portion, sewers, drains and pipes in the Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the Building and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Said Allottee hereby represents and warrants to the Said Promoter as follows :-
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 6.1 The Allottee has applied for allotment of the Demised Premises after satisfying himself that he has understood and appreciated the content and the implications of the laws applicable to the Company and the Demised Premises.
6.2 The Allottee has inspected the site, the Plans, ownership records, other documents relating to the title and all other details of the Demised Premises that the Allottee considers relevant for the transaction contemplated herein. The Allottee has satisfied himself/herself about the right, title and capacity of the company to deal with the Demised Premises and the Company and has understood all the limitations and obligations thereof.
6.3 The Consideration, for the Demised Premises and other charges, are based on the Super Area of the Demised Premises and shall be paid by the Allottee in accordance with the terms herein.
6.4 The Allottee has all necessary power, authority and capacity to bind itself to these Standard Terms and Conditions and to perform his obligations herein;
6.5 The Company shall be entitled to construct and/ or install such other things as may be required for the operation and maintenance of GREEN RESIDENZA 3 situated at Xxxxxxxx, Xxxxxxxx, Rajarhat main Road Kolkata 700136 including but not limited to sidewalks, pavements, sewers, water mains and other local improvements, as may from time to time be deemed necessary by the Company and/for the maintenance Agency.
6.6 The Allottee has reviewed the Plans and has been made aware of and accepts that the Plans, Super Area, specifications as more particularly described in the Application Form, etc. are tentative and that there may be variations, deletions, additions, alternations made either by the Company as it may in its sole discretion deem fit and proper, or by or pursuant to requirements of a Governmental Authority, which alterations may involve changes, including change in the position of the Demised Premises, change in the number of units, change in its dimensions, change in the height of the building, change in its Super area, and the Allottee hereby gives his consent to such variations, additions, deletions, alterations and modifications as aforesaid (hereinafter referred as “the "Permitted Alterations"). The Consideration amount may be increased on account of the Permitted Alterations and the Allottee shall pay without demur such increased amount of Consideration at such times as may be required by the Company. In the event that the Consideration amount is d...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. On or before execution of this Agreement the Allottee has represented and assured to the Sellers as follows:
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representsand warrants to the Promoter as follows:
(i) The Allottee is legally competent to execute this Agreement and that all clearances, approvals, consents, permissions, sanctions (including all corporate resolutions, if applicable) or anything that is required under applicable Laws and agreementsexecuted by the Allottee with any third party to execute this Agreement have been duly obtained and shall be maintained by the Allottee. The Promoter shall not be required to verifywhether the Allottee is in such compliance and it shall be incumbent upon the Allottee to ensure that no violation of applicable Laws or breach of any agreement executed by the Allottee with any third party is committed by the Allottee in executing this Agreement. The Allottee undertakesto be exclusivelyand directlyresponsibleand fully accountable and liable for the same and agrees to keep the Promoter indemnified, saved and harmlessin this connectionat all times.
(ii) In case the Retail Space is provided with usable open terrace(s)or balcony(ies), the Allottee shall not cover or constructon suchterrace(s)and balcony(ies)and shall onlyusethe sameasopen terrace(s)and balcony(ies)and in no other manner, whatsoever.
(iii) The Allottee shall comply with all legal requirementsfor purchase of the Retail Space after execution of this Agreement and shall sign all requisite applications, consents, declarations, NOCs, deeds, forms, affidavits, undertakings etc. as may be required for the purpose by the Promoter and/or as may be required by the competentGovernmentAuthorityand under applicable Laws.
(iv) In the event of assignment/transfer ofall or any of the rights and obligations of the Promoter in respect of the Project as per the Act and other applicable Laws, if any, the Allottee shall executeall such documentsas may be askedfor bythe Promoter pursuantto suchassignment/ transfer.
(v) All provisionsof this Agreementhave been mutually agreed betweenthe Allottee and the Promoter. The Allottee hasclearlyunderstoodall necessaryaspectsof the Project, ServicedApartmentBuilding and Retail Spaceand the variousrights, entitlements,obligationsand liabilitiesof the Allotteeasmentionedin thisAgreement.
(vi) The Allotteeshall inform the Promoter in writing regarding anychangein the residentialstatusof the Allottee and shall, if necessaryin relation thereto, complywith all requiredformalitiesin thisregard under applicable Laws.
(vii) The Allottee shall not do or cause anything to be d...
