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 landscaped areas. The landscaped areas shall always be maintained as open areas. (vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to the construction by committing breaches of the Agreement and such determination of Liquidated damages is a genuine /pre-estimate of the loss or damage that is likely to be suffered by the Promoter. The liquidated damages is also arrived at having regard to the cost of construction , the cost of funds, raised by the Promoter , the ability or inability of the Company to resell the Unit, among others. The Purchaser waives his right to raise any objection to the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein. (viii) Save and except the information /disclosure contained herein the Allottee confirms and undertakes not to make any claim against Promoter or seek cancellation of the Apartment/Unit or refund of the monies money paid by the Allottee by reason of anything contained in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channel. (ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities . (x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such. (xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc. (xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same. (xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement. (xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 33.3.1 The Allottee hereby representa represents and warrants to the Promoter and the Owner as follows:
(ia) The the Allottee meets the eligibility criteria provided for in the Operational Guidelines and other Applicable Laws;
(b) the current annual family income of the Allottee does not exceed Rs. 3,00,000 (Rupees three lakhs) and that the Allottee and his/her family does not own a pucca house in any part of India either in his/her name or any of his/her family member’s name;
(c) the execution and delivery of this Agreement and the performance of his/her /its obligations hereunder 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 she is a party or by which he/she/it she is bound;(ii) violate its memorandum of Association bound, articles of Association or bye laws or any other equivalent organizational document (if applicable) (iiiii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/she/it she is bound a party or by which he is bound, or (iviii) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it she is a party or by which he/she/it she is bound.;
(iid) There there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge her knowledge, threatened against or affecting him /herhim/it her before any court 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 her ability to perform his/her/its her obligations hereundwith his/her/its obligations under or in connection with this Agreement ,.hereunder;
(iiie) 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 valid obligations binding on him/herher and enforceable against him/it her in accordance with the terms hereof.;
(ivf) Hishis/her/its her entry into this Agreement, and the exercise of his/her/its his rights and performance of the and compliance with his/her/its his obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(vg) The the Allottee has the financial and other resources resources, to meet and comply with all his /her/its obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Money-laundering Act, 2002, for making any payments hereunder.;
(vih) The the Allottee shall observe observe, perform and fulfil the covenants, stipulations 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 landscaped areas. The landscaped areas shall always be maintained as open areas.;
(viii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (i) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement and such determination of Liquidated damages is a genuine /pre-estimate Apartment, (ii) sanctioned plan of the loss or damage that is likely to be suffered by Project, (iii) the Promoter. The liquidated damages is also arrived at having regard to the cost of construction amenities, the cost of funds, raised by the Promoter , the ability or inability facilities and Common Areas of the Company Project, and (iv) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viiij) Save and except the information /disclosure contained herein the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
(k) the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 37.1. The Allottee hereby representa represents and warrants to the Promoter and the Owner as follows:
(i) The 37.1.1. the execution and delivery of this Agreement and the performance of his/her /its its obligations hereunder 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;(iibound, (ii) violate its memorandum of Association association, articles of Association association or bye laws bye- laws, or any other equivalent organizational document (if applicable) ), (iii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/sheit is a party or by which he/it is bound bound, or (iv) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it is a party or by which he/she/it is bound.;
(ii) There 37.1.2. there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge knowledge, threatened against or affecting him /herhim/it before any court 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 ,.hereunder;
(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 37.1.3. the obligations under this Agreement are valid and legal and valid obligations binding on him/herit and enforceable against him/it in accordance with the terms hereof.;
(iv) His/her37.1.4. his/its entry into this Agreement, and the exercise of his/her/its rights and performance of the and compliance with his/her/its obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(v) The 37.1.5. the Allottee has the financial and other resources resources, to meet and comply with all his /herhis/its obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Money-laundering Act, 2002, for making any payments hereunder.;
(vi) The 37.1.6. the Allottee shall observe observe, perform and fulfil the covenants, stipulations stipulations, restrictions and obligations required to be performed by the Allottee hereunder;
37.1.7. Flowers should not be plucked and plants or trees should not be destroyed in landscaped areas. The landscaped areas shall always be maintained as open areas.
(vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (a) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement Apartment, (b) the layout plan and such determination of Liquidated damages is a genuine /pre-estimate sanctioned plan of the loss or damage that is likely to be suffered by Project and the Promoter. The liquidated damages is also arrived at having regard to Building, (c) the cost of workmanship and materials used in construction , the cost of funds, raised by the Promoter , the ability or inability of the Company Project, (d) the amenities, facilities and Common Areas of the Project, and (e) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viii) Save and except the information /disclosure contained herein 37.1.8. the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
37.1.9. the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 33.4.1 The Allottee hereby representa represents and warrants to the Promoter and the Owner as follows:
(ia) The the execution and delivery of this Agreement and the performance of his/her /its obligations hereunder 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 she is a party or by which he/she/it she is bound;(ii) violate its memorandum of Association bound, articles of Association or bye laws or any other equivalent organizational document (if applicable) (iiiii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/sheshe is a party or by which he/it she is bound bound, or (iviii) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it she is a party or by which he/she/it she is bound.;
(iib) There there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge her knowledge, threatened against or affecting him /herhim/it her before any court 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 her ability to perform his/her/its her obligations hereundwith his/her/its obligations under or in connection with this Agreement ,.hereunder;
(iiic) 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 valid obligations binding on him/herher and enforceable against him/it her in accordance with the terms hereof.;
(ivd) Hishis/her/its her entry into this Agreement, and the exercise of his/her/its her rights and performance of the and compliance with his/her/its her obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(ve) The the Allottee has the financial and other resources resources, to meet and comply with all his /herhis/its her obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Money-laundering Act, 2002, for making any payments hereunder.;
(vif) The the Allottee shall observe observe, perform and fulfil the covenants, stipulations 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 landscaped areas. The landscaped areas shall always be maintained as open areas.;
(viig) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (i) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement Apartment, (ii) the layout plan and such determination of Liquidated damages is a genuine /pre-estimate sanctioned plan of the loss or damage that is likely to be suffered by the Promoter. The liquidated damages is also arrived at having regard to the cost of construction Residential Project, the cost of fundsProject and the Building, raised by (iii) the Promoter , the ability or inability workmanship and materials used in construction of the Company Residential Project, (iv) the amenities, facilities and Common Areas and/or the Limited Common Areas of the Residential Project, and (v) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viiih) Save and except the information /disclosure contained herein the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
(i) the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 33.4.1. The Allottee hereby representa represents and warrants to the Promoter and the Owner as follows:
(i) The 33.4.2. the execution and delivery of this Agreement and the performance of his/her /its its obligations hereunder 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;(iibound, (ii) violate its memorandum of Association association, articles of Association association or bye laws bye- laws, or any other equivalent organizational document (if applicable) ), (iii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/sheit is a party or by which he/it is bound bound, or (iv) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it is a party or by which he/she/it is bound.;
(ii) There 33.4.3. there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge knowledge, threatened against or affecting him /herhim/it before any court 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 ,.hereunder;
(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 33.4.4. the obligations under this Agreement are valid and legal and valid obligations binding on him/herit and enforceable against him/it in accordance with the terms hereof.;
(iv) His/her33.4.5. his/its entry into this Agreement, and the exercise of his/her/its rights and performance of the and compliance with his/her/its obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(v) The 33.4.6. the Allottee has the financial and other resources resources, to meet and comply with all his /herhis/its obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Money-laundering Act, 2002, for making any payments hereunder.;
(vi) The 33.4.7. the Allottee shall observe observe, perform and fulfil the covenants, stipulations stipulations, restrictions and obligations required to be performed by the Allottee hereunder;
33.4.8. Flowers should not be plucked and plants or trees should not be destroyed in landscaped areas. The landscaped areas shall always be maintained as open areas.
(vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (a) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement Apartment, (b) the layout plan and such determination of Liquidated damages is a genuine /pre-estimate sanctioned plan of the loss or damage that is likely to be suffered by Project and the Promoter. The liquidated damages is also arrived at having regard to Building, (c) the cost of workmanship and materials used in construction , the cost of funds, raised by the Promoter , the ability or inability of the Company Project, (d) the amenities, facilities and Common Areas of the Project, and (e) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viii) Save and except the information /disclosure contained herein 33.4.9. the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
33.4.10. the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 33.4.1 The Allottee hereby representa represents and warrants to the Promoter and the Owner as follows:
(i) The 33.4.2 the execution and delivery of this Agreement and the performance of his/her /its its obligations hereunder 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;(iibound, (ii) violate its memorandum of Association association, articles of Association association or bye laws bye- laws, or any other equivalent organizational document (if applicable) ), (iii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/sheit is a party or by which he/it is bound bound, or (iv) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it is a party or by which he/she/it is bound.;
(ii) There 33.4.3 there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge knowledge, threatened against or affecting him /herhim/it before any court 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 ,.hereunder;
(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 33.4.4 the obligations under this Agreement are valid and legal and valid obligations binding on him/herit and enforceable against him/it in accordance with the terms hereof.;
(iv) His/her33.4.5 his/its entry into this Agreement, and the exercise of his/her/its rights and performance of the and compliance with his/her/its obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(v) The 33.4.6 the Allottee has the financial and other resources resources, to meet and comply with all his /herhis/its obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Xxxxx-xxxxxxxxxx Xxx, 0000, for making any payments hereunder.;
(vi) The 33.4.7 the Allottee shall observe observe, perform and fulfil the covenants, stipulations 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 landscaped areas. The landscaped areas shall always be maintained as open areas.;
(vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which 33.4.8 the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (a) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement Apartment, (b) the layout plan and such determination of Liquidated damages is a genuine /pre-estimate sanctioned plan of the loss or damage that is likely to be suffered by Residential Project and the Promoter. The liquidated damages is also arrived at having regard to Building (c) the cost of workmanship and materials used in construction , the cost of funds, raised by the Promoter , the ability or inability of the Company Residential Project, (d) the amenities, facilities and Common Areas of the Residential Project, and (e) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viii) Save and except the information /disclosure contained herein 33.4.9 the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
33.4.10 the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa represents and warrants to the Promoter that: -
8.1 He/She is competent to enter into contract and the Owner as follows:
(i) The execution and delivery of is not prohibited from entering into this Agreement and and/or to undertake the performance obligations, covenants, etc. contained herein;
8.2 He/She has not been declared and/or adjudged to be an insolvent, bankrupt, etc. and/or ordered to be wound up or dissolved, as the case may be;
8.3 No receiver and/or liquidator and/or official assignee or any person is appointed in the case of the Allottee or all or any of his/her /its obligations hereunder shall assets and/or properties;
8.4 None of his/her assets/properties is attached and/or no notice of attachment has been received under any rule, law, regulation, statute, etc.;
8.5 No notice is or has been received from the Government of India (either Central, State or Local) and/or from any other Government abroad and/or any proceedings initiated against the Allottee for his/her involvement in any money laundering or any illegal activity and/or is declared to be a proclaimed offender and/or a warrant is issued against him/her;
8.6 No execution or other similar process is issued and/or levied against him/her and/or against any of his assets and properties;
8.7 He/She has not (i) conflict compounded payment with or result his/her creditors;
8.8 He/She is not an undesirable element and/or will not cause nuisance and/or cause hindrances in a breach the completion of the development of the said Land and/or anytime thereafter and will not default in compliance with the terms of this Agreement including making any other contract payments;
8.9 The Allottee shall within 8 (eight) days of the receipt of the demand letter from the Promoter maintain the said Premises at his / her/their own cost in a good condition and shall not do or commitment suffer to be done anything in or to the said Premises and/or common passages, or the compound which hemay be against the Rules or Bye-Laws of the Municipality or CIDCO/sheVVCMC/it is a party or by which he/she/it is bound;(ii) violate its memorandum of Association , articles of Association or bye laws Planning Authority or any other equivalent organizational document (if applicable) (iii) conflict Government Body and shall also comply with the orders passed by the Government of Maharashtra and other authorities under the provisions of Law;
8.10 The Allottee shall maintain the said Premises in the same form as the Promoter constructs it and shall not at any time affect/alter the elevations in any manner whatsoever 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 alter the consent or approval size and position of any other party to any contract ,instrument of the windows of the said Premises without the prior consent in writing from the Promoter and or commitment to which he/she/it is a party or by which he/she/it is bound.the concerned authorities;
(ii) There are no actions ,suits or proceedings existing8.11 The Allottee shall, pending or to his/its knowledge if required, 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 at his/her/their/its ability own costs fit the external grills to perform the windows of the design, size, material and colour as stipulated by the Promoter and which shall be uniform for all the other Allottees and shall fit it them at the position and location as stipulated by the Promoter ;
8.12 The Promoters shall be at liberty to sell, assign, transfer or otherwise deal with their right, title and interest in the Land and/or in the building/s to be constructed thereon and also the Premises/shops/parking and other space and other premises entirely at their own discretion and upon such terms and conditions that the Promoters shall deem fit and proper and the Allottee will not be entitled to object to the same;
8.13 Not to store in the said Premises any goods which are hazardous, combustible or of dangerous nature or are so heavy as to damage any part of the said Building or storing of which goods is objected to by the concerned local or other authority and shall not carry or cause to be carried heavy packages on the upper floors which may damage or likely to damage the stair-cases, common passages or any other structure of the said Building and in case any damage is caused to the said Building on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach and damages;
8.14 Not to do or suffer to be done anything in or to the said Building in which the said Premises is situated or in the said Premises which may be against the Rules and Regulations and Bye-Laws of the concerned local authority or other public authority and in the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority;
8.15 Not to demolish or cause to be demolished the said Premises 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 said Premises or any part thereof nor any alteration in which the elevation and outside colour scheme of the said Building is affected and keep the portion, sewers, drains, pipes in the said Premises and appurtenances thereto in good tenantable repair and condition and in particular so as to support, shelter and protect the other parts of the said Building in which the said Premises is situated and not to chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, pardis or other structural xxxxxxxx in the said Premises without the prior written permission of the Promoter and the Society or any other Organization or the concerned local authorities and/or any other public bodies;
8.16 Not to do or permit to be done any act or thing which may render void or voidable any insurance of the said Building in which the said Premises is situated or any part thereof or whereby any increase in the premium shall become payable in respect of the insurance;
8.17 Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Premises into the compound or the said Avenue and/or the Land or the adjacent Buildings or open spaces and the said Building;
8.18 Pay within 8 (eight) days of demand, his/her/its obligations hereundwith his/hertheir/its obligations under or in connection with this Agreement ,.
(iii) That heshare of security deposit/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 maintenance 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.charges as demanded by the Promoter;
(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) 8.19 The Allottee shall observe and perform all the Rules and Regulations and Bye-Laws for the time being of the concerned local authority and of the Government and other public bodies in matter of use and enjoyment of the said Premises; and
8.20 The Allottees shall not at any time cause or permit any public or private nuisance in or upon the said Premises or the said Building or the said Avenue, perform and/or any portion thereof, open spaces and/or the Land or any part thereof or do anything which shall cause an annoyance, inconveniences, suffering, hardship or disturbance to the Promoters or to the occupants of the neighboring Buildings;
8.21 The representations and fulfil the covenants, stipulations , restrictions warranties stated in this Clause are of a continuing nature and obligations required to be performed by the Allottee hereunder. Flowers should not shall be plucked obliged to maintain and plants or trees should not be destroyed in landscaped areas. The landscaped areas shall always be maintained as open areasperform such representations and warranties.
(vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to the construction by committing breaches of the Agreement and such determination of Liquidated damages is a genuine /pre-estimate of the loss or damage that is likely to be suffered by the Promoter. The liquidated damages is also arrived at having regard to the cost of construction , the cost of funds, raised by the Promoter , the ability or inability of the Company to resell the Unit, among others. The Purchaser waives his right to raise any objection to the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.
(viii) Save and except the information /disclosure contained herein the Allottee confirms and undertakes not to make any claim against Promoter or seek cancellation of the Apartment/Unit or refund of the monies money paid by the Allottee by reason of anything contained in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channel.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa represents and warrants to the Promoter and the Owner BAPL as follows:
(i) The a. the execution and delivery of this Agreement and the performance of his/her /its its obligations hereunder 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;(iibound, (ii) violate its memorandum of Association association, articles of Association association or bye laws bye-laws, or any other equivalent organizational document (if applicable) ), (iii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/sheit is a party or by which he/it is bound bound, or (iv) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it is a party or by which he/she/it is bound.;
(ii) There b. there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge knowledge, threatened against or affecting him /herhim/it before any court 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 ,.hereunder;
(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 c. the obligations under this Agreement are valid and legal and valid obligations binding on him/herit and enforceable against him/it in accordance with the terms hereof.;
(iv) His/herd. his/its entry into this Agreement, and the exercise of his/her/its rights and performance of the and compliance with his/her/its obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(v) The e. the Allottee has the financial and other resources resources, to meet and comply with all his /herhis/its obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Xxxxx-xxxxxxxxxx Xxx, 0000, for making any payments hereunder.;
(vi) The f. the Allottee shall observe observe, perform and fulfil the covenants, stipulations 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 landscaped areas. The landscaped areas shall always be maintained as open areas.;
(vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which g. the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (a) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement Apartment, (b) the layout plan and such determination of Liquidated damages is a genuine /pre-estimate sanctioned plan of the loss or damage that is likely to be suffered by Project and the Promoter. The liquidated damages is also arrived at having regard to Building (c) the cost of workmanship and materials used in construction , the cost of funds, raised by the Promoter , the ability or inability of the Company Project, (d) the amenities, facilities and Common Areas of theProject, and (e) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viii) Save and except the information /disclosure contained herein h. the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
i. the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 33.5.1 The Allottee hereby representa represents and warrants to the Promoter and the Owner as follows:
(ia) The the execution and delivery of this Agreement and the performance of his/her /its its obligations hereunder 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;(iibound, (ii) violate its memorandum of Association association, articles of Association association or bye laws bye- laws, or any other equivalent organizational document (if applicable) ), (iii) conflict with or require any consent or approval under any judgment judgment, order, writ, decree, permit or license to which he/sheit is a party or by which he/it is bound bound, or (iv) require the consent or approval of any other party to any contract ,contract, instrument or commitment to which he/she/it is a party or by which he/she/it is bound.;
(iib) There there are no actions ,actions, suits or proceedings existing, pending or or, to his/its knowledge knowledge, threatened against or affecting him /herhim/it before any court 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 ,.hereunder;
(iiic) 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 valid obligations binding on him/herit and enforceable against him/it in accordance with the terms hereof.;
(ivd) His/herhis/its entry into this Agreement, and the exercise of his/her/its rights and performance of the and compliance with his/her/its obligations under or in connection with this Agreement or any other documents document entered into under or in connection with this Agreement Agreement, will constitute constitute, private and commercial acts done and performed for private and commercial purposes.;
(ve) The the Allottee has the financial and other resources resources, to meet and comply with all his /herhis/its obligations under this Agreement Agreement, punctually and in a timely manner and that the Allottee Allottee, has not used and shall not use ‘proceeds of crime’ ’, as defined in prevention under the Prevention of Money Laundering Act,2002Money-laundering Act, 2002, for making any payments hereunder.;
(vif) The the Allottee shall observe observe, perform and fulfil the covenants, stipulations 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 landscaped areas. The landscaped areas shall always be maintained as open areas.;
(viig) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to is acquainted with, fully aware of and is thoroughly satisfied with (i) the construction by committing breaches floor plan, area and other dimensions and specifications of the Agreement Apartment, (ii) the layout plan and such determination of Liquidated damages is a genuine /pre-estimate sanctioned plan of the loss or damage that is likely to be suffered by the Promoter. The liquidated damages is also arrived at having regard to the cost of construction Residential Project, the cost of fundsProject and the Building, raised by (iii) the Promoter , the ability or inability workmanship and materials used in construction of the Company Residential Project, (iv) the amenities, facilities and Common Areas of the Residential Project, and (v) the terms, conditions, covenants, stipulations, restrictions, reservations, and obligations, subject to resell which this Agreement is being executed, and the Unit, among others. The Purchaser waives his right to Allottee shall not raise any objection with regard to any or all of the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.above;
(viiih) Save and except the information /disclosure contained herein the Allottee confirms has read and undertakes not to make any claim against Promoter or seek cancellation understood the terms and conditions of the Apartment/Unit or refund of the monies money paid by this Agreement; and
(i) the Allottee by reason of anything contained is and shall continue to be in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channelcompliance with all Applicable Laws.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa represents 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 AgreementAgreement , 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 landscaped areasareas . The landscaped areas of Frontyard and Backyard shall always be maintained as open areas and no occupier shall be allowed to construct anything in these areas.
(vii) The In this context the Allottee agrees confirms and confirms warrants that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to the construction by committing breaches of the Agreement and such determination of Liquidated damages is a genuine /pre-estimate of the loss or damage that is likely to be suffered by the PromoterPromoter on account of breach of the terms of this Agreement by the Allottee. The liquidated damages is also arrived at having regard to the cost of construction , the cost of funds, raised by the Promoter , the ability or inability of the Company to resell the Unit, among others. The Purchaser waives his right to raise any objection to the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.
(viii) Save and except the information /disclosure contained herein the Allottee confirms and undertakes not to make any claim against Promoter or seek cancellation of the ApartmentRow House / Bungalow/Unit or refund of the monies money paid by the Allottee by reason of anything contained in other information /disclosure not forming part of this Agreement including but not limited to publicity material/advertisement published in any form or in any channel.
(ix) The Allottee agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Apartment Row House / Bungalow and/or Car Parking space by concerned Authorities due to non payment by the Allottee of any taxes /outgoings etc payable to the concerned Authorities .
(x) The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout and will not raise any issue as such.
(xi) Allottee is satisfied with flat unit layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this FlatRow House / Bungalow/Unit based on the various covenants, rules, regulations and restrictions contained in this Agreement.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- 194-IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa Allottee/s represent(s) and warrants warrant(s) to the Promoter and the Owner as follows:that:-
(i) The execution and delivery of this Agreement and the performance of his/her /its obligations hereunder shall 11.1 He / she / it / they is / are 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 prohibited from entering into this Agreement out and/or to undertake the obligations, covenants etc. contained herein or enter into this Agreement and/or to undertake the obligations, covenants etc. contained herein;
11.2 He / she / it / they has / have not been declared and/or adjudged to be an insolvent, bankrupt etc. and/or ordered to be wound up or dissolved, as the case may be;
11.3 No receiver and/or liquidator and/or official assignee or any person is appointed in the case of the Allottee/s or all or any 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.assets and/or properties;
(iv) His/her/its entry into this Agreement, and the exercise 11.4 None of his/her/its rights their assets/properties is attached and/or no notice of attachment has been received under any rule, law, regulation, statute etc.;
11.5 No notice is received from the Government of India (either Central, State or Local) and/or from any other Government abroad for his/her/their involvement in any money laundering or any illegal activity and/or is declared to be a proclaimed offender and/or a warrant is issued against him/her/them;
11.6 No execution or other similar process is issued and/or levied against him/her/them and/or against any of his/her/their assets and performance of the compliance properties;
11.7 He / she / it / they has / have not compounded payment with his/her/its obligations under or their creditors;
11.8 He / she / it / they is / are not convicted of any offence involving moral turpitude and/or sentenced to imprisonment for any offence not less than 6 (six) months;
11.9 He / she / it / they is / are not an undesirable element and/or will not cause nuisance and/or cause hindrances 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 landscaped areas. The landscaped areas shall always be maintained as open areas.
(vii) The Allottee agrees and confirms that the Promoter may fix an amount as ‘liquidated damages’ which the Allottee will be liable to pay if he causes any damage to the construction by committing breaches completion of the Agreement and such determination of Liquidated damages is a genuine /pre-estimate development of the loss or damage that is likely to be suffered by Larger Land and/or anytime thereafter and will not default in compliance with the Promoter. The liquidated damages is also arrived at having regard to the cost of construction , the cost of funds, raised by the Promoter , the ability or inability of the Company to resell the Unit, among others. The Purchaser waives his right to raise any objection to the payment or determination of Liqidated Damages in the manner and under the circumstances set out herein.
(viii) Save and except the information /disclosure contained herein the Allottee confirms and undertakes not to make any claim against Promoter or seek cancellation of the Apartment/Unit or refund of the monies money paid by the Allottee by reason of anything contained in other information /disclosure not forming part terms of this Agreement including but making any payments;
11.10 He / she / it has not limited to publicity material/advertisement published in indulged into any form activity or in any channel.offence relating money laundering; and
(ix) The 11.11 No notice has been received by or proceedings initiated against the Allottee agrees and undertakes that under the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect provisions of the Apartment and/or Car Parking space by concerned Authorities due to non payment by the Allottee Prevention of any taxes /outgoings etc payable to the concerned Authorities .
(x) Money Laundering Act. The Allottee accepts the architect’s certification of Covered space ,common architecture + furniture layout + toilet layout representations and will not raise any issue as such.
(xi) Allottee is satisfied with flat layout, toilet, Kitchen and other lay-out and will not complain regarding design etc.
(xii) Drainage drawing and other plans prepared by Consultants are acceptable to Allottee and Allottee will not raise any issues regarding the same.
(xiii) The Allottee has perused himself/herself/itself about all the rules, regulations and restrictions governing the Complex and its common purposes and undertakes and declares that he/she/it is acquiring this Flat/Unit based on the various covenants, rules, regulations and restrictions contained warranties stated in this AgreementClause 11 are of a continuing nature and the Allottee/s shall be obliged to maintain and perform such representations and warranties.
(xiv) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194- IA in the Income Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act 1961.
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Samples: Sale Agreement
