REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows: (i) The Owners have marketable title with respect to the said Land. The devolution of title of the Owners in respect of the said Land is mentioned in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment; (v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas; (vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected; (vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter/Owners shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of Allottees; (x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment; (xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. CONFIRMING PARTY
A. The Vendors hereby represent / Confirming Party have absolute, clear and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title of land, the Owners in respect of Vendors / Confirming Party have requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have land and absolute, actual, physical and legal possession of the said Land land for the Projectproject;
(ii) B. The Promoter has Vendors / Confirming Party have lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) C. There are no encumbrances upon the said Land land or the Project created by Project. In case of any encumbrance, the Vendors save and except mortgage of / Confirming Party shall intimate the said Land for obtaining loan for same to the Project as mentioned in Clause 18Purchaser/s;
(iv) D. There are no litigations suit/s, case/s or any other form of litigation/s pending before any Court of law or Authority Law with respect to the said Land, Project land or the said ApartmentProject;
(v) E. All approvals, licenses and permits issued by the Corporation competent authorities with respect to the Project, said Land project and the said Apartment land are valid and subsisting and have been obtained by following due process of law. Further, the Vendors / Confirming Party have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, the said Landland, the Building and the said Apartment Apartments and Common Areascommon areas;
(vi) F. The Vendors / Confirming Party have the right to enter into this Agreement and have has not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee Purchaser/s intended to be created herein, may prejudicially be affected;
(vii) G. The Vendors / Confirming Party have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land land including the Project and the said Apartment Schedule-A property which will, in any manner, affect the rights of Allottee Purchaser/s under this Agreement;
(viii) H. The Vendors / Confirming Party confirm that the Vendors / Confirming Party are not restricted in any manner whatsoever from selling the said Apartment Schedule-A property to the Allottee Purchaser/s in the manner contemplated in this Agreement;
(ix) ; I. At the time of execution of the conveyance deed Sale Deed the Promoter/Owners Vendors / Confirming Party shall hand over handover lawful, vacant, peaceful, physical possession of the said Apartment Schedule-A property to the Allottee and the Common Areas to the association of AllotteesPurchaser/s;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Agreement to Sell
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title Land on the basis of the Owners several purchase deeds executed and registered in respect favour of the said Land is Owners, details whereof are mentioned in Schedule-I hereto. The Owners have H hereto and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save Owners and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Promoter;
(iv) There are no litigations pending against the Owners and Promoter before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building said Block and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Promoter shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of AllotteesAllottee;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said Land to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title of the Owners in respect of the said Land is mentioned in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iiiii) There are no encumbrances upon the said Land or the Project created except if any construction finance is taken or availed by the Vendors save Promoter from any institutions / banks and except the said land is mortgage for the said financial facility.
(iii) As per the knowledge of the said Land for obtaining loan for the Project as mentioned in Clause 18;
(iv) There Vendors, there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said ApartmentBungalow Unit;
(viv) All approvals, licenses and permits issued by the Corporation Authority with respect to the Project, said Land and the said Apartment Bungalow Unit are valid and subsisting and have been obtained by following due process of lawobtained. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building Bungalow Units and the said Apartment Bungalow Unit and Common Areas;
(viv) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;
(viivi) The Vendors have not entered into any agreement for sale transfer or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment Bungalow Unit which will, in any manner, affect the rights of Allottee under this AgreementAgreement save and except for the mortgage of the said Land with Axis Trustee Services Limited;
(viiivii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever mannerwhatsoever from selling transferring the said Apartment Bungalow Unit to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed Deed of Conveyance, the Promoter/Owners Vendors shall hand over lawful, vacant, peaceful, physical possession of the said Apartment Bungalow Unit to the Allottee and the Common Areas to the association of AllotteesAllottee;
(xix) The said Apartment Bungalow Unit is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said ApartmentBungalow Unit;
(xix) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said Land to the Corporation Authority till the Occupancy/Partial or Full Completion / Occupancy Certificate is issued;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said ApartmentBungalow Unit) has been received by or served upon the Vendors in respect of the said Land and/or the ProjectProject to the best of their knowledge and belief;
(xii) The said Land is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title of the Owners in respect of the said Land is mentioned in Schedule-I hereto. The Notwithstanding anything to the contrary contained elsewhere in this Agreement or otherwise it is hereby expressly made clear that the Owners have absoluteright, actual, physical and legal possession title and/or interest in respect of the said Land/Premises comprises of ownership title in respect of the said Freehold Land for and leasehold right and interest in respect of the Project;said Leasehold Land and all references in this Agreement to the terms “Owners” and/or their “title” and/or “transfer” and/or “sale” and/or “purchase” and/or “Undivided Share” and/or “said Undivided Share” including all grammatical variations thereof shall mean and refer to sale / purchase of undivided proportionate impartible indivisible variable ownership share or interest in respect of the said Freehold Land attributable to the said Apartment and assignment/transfer of undivided proportionate impartible indivisible variable leasehold right or interest in respect of the said Leasehold Land attributable to the said Apartment subject to the terms, conditions, covenants, stipulations and restrictions governing the same including those contained in the Deed of Lease dated 16th May, 2011 (described in Clause (t) of Schedule I hereto) and the terms “Owners” and/or their “title” and/or “transfer” and/or “sale” and/or “purchase” and/or “Undivided Share” and/or “said Undivided Share” including all grammatical variations thereof shall be read, interpreted and understood accordingly.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Vendors;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the PromoterOwners/Owners Promoter shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association Association of AllotteesApartment Owners;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have Owner has marketable title with respect to the said Land. The devolution of title of the Owners in respect of Owner relating to the said Land is mentioned recited in Schedule-Schedule I hereto. The Owners have Owner has absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Vendors;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Vendors shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Each of the Vendors hereby represent represents and warrant warrants, only as to such Vendors at such Vendor’s own separate beneficial interest in the Allottee BMG Securities as indicated in Schedule A, as follows:
(ia) The Owners have marketable title with respect to the said Land. The devolution of title Vendor is the sole registered holder of the Owners number of BMG Securities set out opposite the Vendor’s name in respect of the said Land is mentioned in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession of the said Land for the ProjectSchedule A;
(iib) The Promoter has lawful rights the BMG Securities held by the Vendor are free and requisite approvals from the competent Authorities to carry out development clear of the Projectall Encumbrances;
(iiic) There are no encumbrances upon the said Land or Vendor has the Project created power and authority to enter into, deliver, and perform this Agreement on the terms and conditions set out in this Agreement and to transfer the legal and beneficial title and ownership of the BMG Common Shares owned by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Vendor to Madison;
(ivd) There are no litigations pending before Person has any Court agreement or option or a right capable of law or Authority with respect to becoming an agreement for the said Land, Project or purchase of the said ApartmentBMG Securities owned by the Vendor;
(ve) All approvalsif the Vendor is a corporation, licenses and permits issued by all necessary corporate action on the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process part of law. Further, the Vendors have been and shallVendor will, at all timesClosing, remain to be in compliance with all applicable laws in relation to validly authorize the Projectsigning, the said Landdelivery, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into performance of this Agreement and have not committed or omitted to perform any act or thing whereby the right completion of the Allottee created herein, may prejudicially be affected;
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under transactions contemplated by this Agreement;
(viiif) The Vendors confirm that this Agreement constitutes a legal, valid and binding obligation of the Vendors are not restricted Vendor enforceable against the Vendor in any manner whatsoever from selling accordance with its terms, except as may be limited by laws of general application affecting the said Apartment to the Allottee in the manner contemplated in this Agreementrights of creditors;
(ixg) At the time performance of execution of this Agreement will not violate any applicable Laws or any agreement or other instrument to which the conveyance deed the Promoter/Owners shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of AllotteesVendor is a party;
(xh) The said Apartment the Vendor is not the subject matter of indebted or under obligation to BMG on any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartmentaccount whatsoever;
(xii) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to Vendor is resident in the Corporation till the Occupancy/Completion Certificate is issuedjurisdiction indicated on Schedule A;
(xiij) No notice the Vendor is acquiring the Madison Replacement Securities as principal for its own account, not for the benefit of any other Person, and is acquiring the Madison Replacement Securities for investment only and not with a view to the resale or distribution of all or any of the Madison Replacement Securities; and
(k) the Vendor is, as of the date hereof and when the Madison Replacement Securities are issued and allotted, an “accredited investor” for the purposes of the exemption from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice requirement for acquisition or requisition Madison to file a prospectus contained in Section 2.3 of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the ProjectNational Instrument 45-106 – Prospectus and Registration Exemptions.
Appears in 1 contract
Samples: Share Exchange Agreement (Battle Mountain Gold Inc.)
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. SECTION 4.01 In consideration of the Purchaser entering into this Agreement, each of the Vendors hereby warrants and represents to and undertakes with the Purchaser on a joint and several basis that each of the Warranties is now and will, at all times from the date hereof be complete, true and accurate in all respects and will not be in any way misleading.
SECTION 4.02 The Vendors hereby represent and warrant to acknowledge that the Allottee as follows:
(i) The Owners have marketable title with respect to Purchaser has entered into this Agreement on the said Land. The devolution of title basis of the Owners Warranties and that the Purchaser is relying on the Warranties. Each Warranty shall be construed independently.
SECTION 4.03 The Purchaser's right or ability to make a claim under or in respect of the said Land is mentioned Warranties or to damages or other relief in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession respect of any breach of the said Land for Warranties shall not be affected or limited, and the Project;
(ii) The Promoter amount recoverable shall not be reduced, by any other information of which the Purchaser has lawful or may have actual or constructive or imputed knowledge and, in particular the rights and requisite approvals from the competent Authorities to carry out development remedies of the Project;
(iii) There are no encumbrances upon the said Land Purchaser shall not be affected or the Project created limited in any way by the Vendors save and except mortgage any investigation made by or on behalf of the said Land for obtaining loan for Purchaser into the Project as mentioned in Clause 18;Group.
(iv) There are no litigations pending before any Court of law SECTION 4.04 The right or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right ability of the Allottee created herein, may prejudicially be affected;
(vii) The Vendors have not entered into any agreement for sale Purchaser to make a claim under or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the Warranties shall be without prejudice to any other right of the Purchaser to damages or other relief in respect of any breach of the Warranties.
SECTION 4.05 The execution and delivery of this Agreement by each Vendor, the performance by each Vendor of his/her obligations hereunder and the consummation by each Vendor of the Transaction have been duly authorized by all requisite action on the part of each Vendor. This Agreement has been duly executed and delivered by the Vendors, and (assuming due authorization, execution and delivery by the Purchaser) constitutes a legal, valid and binding obligation of the Vendors enforceable against the Vendors in accordance with its terms. The execution, delivery and performance of this Agreement by the Vendors do not and will not (a) violate, conflict with or result in the breach of any provision of the organizational documents of the Vendors and Group Member; or (b) conflict with or violate any Law or Governmental Order applicable to the Vendors or Group Member, or any of their/its assets, properties or businesses.
SECTION 4.06 The execution, delivery and performance of this Agreement by the Vendors do not and will not require any consent, approval, authorization or other order of, action by, filing with or notification to, any Governmental Authority or its designated organizations, except for the relevant registrations on Transaction in the competent company registration authorities. If either any of the Parties is notified by any Governmental Authority that any relevant approval or consent whatsoever has deficiencies or is not perfect whether before or after the Closing Date, the Vendors shall obtain or perfect such approval or consent whatsoever within a period of 3 (three) months from the date of such notification or such shorter period as the applicable law may stipulate from time to time. If such approvals or consent whatsoever are not obtained or perfected within the aforesaid period, the Purchaser is entitled to, at its sole and absolute discretion, request that each Vendor to immediately return all or any portion of the paid Merger Consideration as contemplated in the Acquisition Transaction back to the Parent and Xxxxx in the same currency of the said Land and/or Merger Consideration paid by the ProjectParent and Xxxxx without delay and the Vendors are responsible for any aforesaid repayment on a joint and several basis and shall make such payment without delay.
SECTION 4.07 Each of the Vendors represents and warrants to the Purchaser that each of the statements contained in Schedule 4 are correct and complete as of the date of this Agreement and will be true and accurate for all periods up to and including the Closing Date.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Xinhua Finance Media LTD)
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee Purchaser/s as followsfollows :
(i) A. That if the Vendors avoid, neglect and/or fail to perform the acts as stipulated and register the necessary Sale Deed in favour of the Purchaser/s and/or his/her nominee/s with respect to the Schedule-B property, then the Purchaser/s shall be entitled to execute and register necessary legal Sale Deed through the process of law and the Vendors shall be liable for the entire cost of the suit.
B. That the Vendors covenants that the property hereby agreed to be conveyed in favour of the Purchaser/s and/or his/her/their nominees will be free from all encumbrances whatsoever and in the event of any contrary the vendor shall be liable to make good the loss or injury which the purchaser/s may suffer or sustain in consequence thereof.
C. That the Vendors further undertakes to take all actions and to execute all documents required to be done or executed for fully assuring right, title and interest of the Purchaser/s to the property to be conveyed at the cost of purchaser.
D. That after execution of the conveyance deed with respect to the Schedule - B property in favour of the Purchaser/s, he/she /they shall have the right to get his/her/their name mutated with respect to the said Schedule - B property with appropriate authority and shall pay such taxes as may be levied upon him/her/their from time to time though the same has not yet been assessed.
E. That after execution of the conveyance deed with respect to the Schedule - B property in favour of the Purchaser/s, he/she/they shall have the right to sale, gift, mortgage transfer otherwise of the Schedule - B property or let-out or lease-out the Schedule - B property to whomsoever.
F. The Owners Vendors have absolute, clear and marketable title with respect to the said Schedule-A Land. The devolution of title of , the Owners in respect of Vendors have requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have and absolute, actual, physical and legal possession of the said Land for the Projectproject;
(ii) G. The Promoter has Vendors have lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) H. There are no encumbrances upon the said Schedule-A Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18;Project
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) I. All approvals, licenses and permits issued by the Corporation competent authorities with respect to the Projectproject, said Schedule-A Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, the said Land, the Building and the said Apartment Apartments and Common Areascommon areas;
(vi) J. The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee Purchaser/s intended to be created herein, may prejudicially be affected;
(vii) K. The Vendors have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land Schedule-A Land, including the Project and the said Apartment Schedule-B property which will, in any manner, affect the rights of Allottee Purchaser/s under this Agreement;
(viii) L. The Vendors confirm confirms that the Vendors are not restricted in any manner whatsoever from selling the said Apartment Schedule-B property to the Allottee Purchaser/s in the manner contemplated in this Agreement;
(ix) M. At the time of execution of the conveyance deed the Promoter/Owners Vendors shall hand over handover lawful, vacant, peaceful, physical possession of the said Apartment Schedule-B property to the Allottee Purchaser/s and the Common Areas common areas to the association of AllotteesApartment Owners’ Association or the competent authority, as the case may be;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) N. The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said project to the Corporation competent Authorities till the Occupancyoccupancy / completion certificate has been issued and possession of the units/Completion Certificate is issuedflats/parking/utility spaces, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Purchaser/s and the Apartment Owner’s Association or the competent authority, as the case may be;
(xii) O. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartmentproperty) has been received by or served upon the Vendors in respect of the said Land and/or the ProjectScheduled-A land.
Appears in 1 contract
Samples: Agreement to Sell
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title of the Owners in respect of the said Land is mentioned in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage Promoter except, however, the loan and/or financial facility already obtained by the Promoter for construction of the said Land for obtaining loan for the Project as mentioned in Clause 18from ICICI bank, Gurusaday Road Wealth Branch, Kolkata;
(iv) There As per the knowledge of the Promoter, there are no litigations pending before any Court of law Law or Authority authority with respect to the said Land, Project or the said Apartment;
(v) . All approvals, licenses and permits issued by the Corporation concerned authorities with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of lawsubsisting. Further, the Vendors have Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(viv) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(viivi) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiivii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter/Owners Promoter shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association Association of AllotteesAllottees in terms of Clause 1.8 (ii) above;
(xix) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xix) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation all concerned authorities till the Partial or Full Occupancy/Completion Certificate is issued;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
(xii) The said Land is not Wakf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. DEVELOPER
8.1 The Vendors hereby represent have absolute, clear and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title of ; the Owners in respect of requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) 8.2 The Promoter Vendors/ Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of to the Project;
(iii) 8.3 There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Project;
(iv) 8.4 There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) 8.5 All approvals, licenses and permits issued by the Corporation competent authorities with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have Vendors/ Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areascommon areas;
(vi) 8.6 The Vendors Vendors/ Developer have the right to enter into this Agreement and have not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;
(vii) 8.7 The Vendors have Vendors/ Developer has not entered into any agreement for sale and/ or development agreement or any other agreement/agreement/ arrangement with any person or party with respect to the said Land Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;; : 18 :
(viii) 8.8 The Vendors Vendors/ Developer confirm that the Vendors are Vendors/ Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) 8.9 At the time of execution of the conveyance deed the PromoterVendors/Owners Developer shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee Allottee(s) and the Common Areas common areas to the association Association of Allotteesthe Allottee(s);
(x) 8.10 The said Apartment Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and/ or no minor has any right, title and claim over the said ApartmentSchedule Property;
(xi) 8.11 The Vendors have Vendors/ Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoingsout goings, whatsoever, payable with respect to the Premises said project to the Corporation till the Occupancy/Completion Certificate is issuedcompetent Authorities;
(xii) 8.12 No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartmentproperty) has been received by or served upon the Vendors Vendors/ Developer in respect of the said Land and/or and/ or the Project;
8.13 That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have Owner has marketable title with respect to the said Land. The devolution Land on the basis of the details of title of the Owners in respect of the said Land is mentioned in Schedule-I hereto. The Owners have hereto and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Vendors;
(iv) There are no litigations pending against the Vendors before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation Municipality with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the said Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Vendors shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas relevant common areas to the association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said Property to the Corporation Municipality till the Occupancy/Completion Occupancy Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution details of title the purchase deeds in favour of the Owners in respect of the said Land is Premises are mentioned in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession of the said Land for which have been handed over to the Promoter to carry out development of the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Projectsaid Land;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save other than loan taken from Axis Finance Limited and except mortgage of the said Land for obtaining loan or portion thereof for the Project as mentioned in Clause 18said financial facility;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of lawsubsisting. Further, the Vendors have Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building Buildings and the said Apartment and Common AreasAreas and Facilities;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this AgreementAgreement save and except for the mortgage of the said Land or portion thereof with Axis Finance Limited;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Promoter shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas and Facilities shall be handed over to the association Association of AllotteesAllottees after completion of the Project and execution and registration of the Deed of Transfer in favour of the Association;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable by the Vendors as per applicable law with respect to the Premises said Land to the Corporation till the OccupancyCompletion/Completion Occupancy Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of adversely affecting the said Apartment.
(xiii) The said Land and/or the Projectis not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have Owner has absolute, clear and marketable title with respect to the said Land. The devolution of title of ; the Owners in respect of requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Apartment and the Project created by the Vendors save and except mortgage undivided proportionate share of the said Land for obtaining loan for the Project as mentioned in Clause 18land attributable thereto;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said ApartmentApartment to the knowledge of the Vendors;
(v) All approvals, licenses and permits issued by the Corporation competent authorities with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areascommon areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Vendors have not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Developer shall hand over handover lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas common areas shall be handed over to the association of AllotteesAssociation;
(x) The said Apartment Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said ApartmentSchedule Property;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said project to the Corporation competent Authorities till the Occupancy/Completion Certificate is issuedcompletion certificate has been issued and possession of apartment (actual or deemed as the case may be) along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartmentproperty) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have Owner has marketable title with respect to the said LandLand subject to the obligation to provide constructed spaces to the Occupants as mentioned in Schedule – G hereto. The devolution of title of the Owners Owner in respect of the said Land is mentioned in Schedule-I Schedule - G hereto. The Owners have Owner has absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of also the said Land for obtaining loan for the Project as mentioned in Clause 18Developer ;
(iv) There are no litigations pending before any Court court of law or Authority authority with respect to the said Landland, Project or the said Apartment;.
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors Vendor have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors Vendor have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors Vendor confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Promoter shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas common areas to the association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors Vendor have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby Vendorshereby represent and warrant to the Allottee as follows:
(i) The Owners have Ownerhas marketable title with respect to the said Land. The devolution of Thedevolutionof title of the Owners Owner in respect of the said Land is mentioned in Schedule-I hereto. .The Owners have absoluteOwner hasabsolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Construction Finance borrowed from LIC Housing Finance Limited;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation Municipality with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have Vendorshave been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building Buildings and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not havenot committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm Vendorsconfirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Owner shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association Association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation Municipality till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in Vendorsin respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have marketable title with respect to the said Land. The devolution of title in favour of the Owners in respect of the said Land is as mentioned in Schedule-I hereto. The Owners have absolute, actual, physical and legal possession of the said Land for the ProjectProject and the same has been made available to the Promoter for the purpose of development and construction pursuant to the Development Agreement;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Vendors;
(iv) There As per the knowledge of the Vendors, there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of lawobtained. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Deed of Conveyance, the Promoter/Owners shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of AllotteesAssociation;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Partial or Full Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the ProjectProject to the best of their knowledge and belief;
(xiii) The said Land is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent represents and warrant warrants to the Allottee Purchaser(s) as follows:
(i) The Owners Vendors have absolute, clear and marketable title with respect to the said Land. The devolution of title of Land and the Owners in respect of requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has Vendors have lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said ApartmentFlat and Parking space;
(v) All approvals, licenses and permits issued by the Corporation competent authorities with respect to the Project, Project and the said Land and the said Apartment Flat and Parking space are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment Flat and Common AreasParking space and common areas;
(vi) The Vendors have the right to enter into this Agreement and have has not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee Purchaser(s) created herein, may prejudicially be affected;
(vii) The Vendors have not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land Land, including the Project and the said Apartment Flat and Parking space which will, in any manner, affect the rights of Allottee Purchaser(s) under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment Flat and Parking space to the Allottee Purchaser(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Vendors shall hand over handover lawful, vacant, peaceful, physical possession of the said Apartment Flat and Parking space to the Allottee Purchaser(s) and the Common Areas common areas to the association of AllotteesPurchasers or the competent authority, as the case may be;
(x) The said Apartment Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said ApartmentSchedule Property;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said Project to the Corporation competent authorities till the Occupancy/Completion Certificate is issuedcompletion certificate has been issued and possession of the Flat and Parking space along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Purchaser and the Association of Purchasers or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartmentproperty) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have Owner has marketable title with respect to the said Land. The devolution of title of the Owners Owner in respect of the said Land is mentioned in Schedule-I hereto. The Owners have Owner has absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18;
(iv) There Save and except the said Legal Proceeding mentioned in Clause I of Schedule I there is no other suit and/or legal proceeding has been filed and/or are pending regarding the said Property and there are no litigations pending before orders of Court or any Court other authority affecting the said Property and/or the right title and interest of law or Authority with respect the Owner xxxxxx.Xx shall be the responsibility of the Owner to take necessary step and getting the said Legal Proceeding settled and/or disposed of in a manner favourable to the said LandOwner and in case of any liability, Project or the said Apartmentsame shall be the sole responsibility and obligation of the Owner;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Owner shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas to the association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent and warrant to the Allottee as follows:
(i) The Owners have Owner has marketable title with respect to the said LandLand subject to the obligation to provide constructed spaces to the Occupants as mentioned in Schedule–I hereto. The devolution of title of the Owners Owner in respect of the said Land is mentioned in Schedule-I hereto. The Owners have Owner has absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18.;
(iv) There Save and except the decree dated 4th August, 2016 mentioned in Clause 5 of Schedule-I hereto relating to allotment of a flat to the Malhotra Family, there are no litigations pending before orders of any Court of law or Authority with respect to affecting the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the Corporation with respect to the Project, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendors have Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, the said Land, the Building and the said Apartment and Common Areas;
(vi) The Vendors have the right to enter into this Agreement and have not committed or omitted to perform any act or thing whereby the right of the Allottee created herein, may prejudicially be affected;.
(vii) The Vendors have not entered into any agreement for sale or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Vendors confirm that the Vendors are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter/Owners Promoter shall hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the Common Areas common areas to the association of Allottees;
(x) The said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) The Vendors have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises to the Corporation till the Occupancy/Completion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartment) has been received by or served upon the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Vendors hereby represent represents and warrant warrants to the Allottee Vendee as follows:
(i) The Owners Vendors have absolute clear and marketable title with respect to the said Land. The devolution of title of land; the Owners in respect of requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have and has the absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has Vendors have lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project created by as per the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18;details given below:
(iv) There are no litigations pending before any Court of law or Authority All approvals, licenses, sanctions and permission issued by the competent authorities with respect to the said Land, Project or phases, as the said Apartment;
(v) All approvalscase may be, licenses and permits issued by as well as for the Corporation with respect Apartment being sold to the Project, said Land and the said Apartment Vendee are valid and subsisting and have been obtained by following due process of law. Provided that where any approval, licenses, sanctions and permissions issued by the competent authorities with respect to the Project or phases, as the case may be, have expired, the Vendors have/shall duly applied/apply for renewal of the same. Further, the Vendors have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject or phases, as the said Landcase may be, as well as for the Building and Apartmentandfor the said Apartment and Common AreasAreas as provided under Rule 2(1)(f) of Rules, 2017;
(viv) The Vendors have the right to enter into this Agreement and have has not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee Vendee created herein, may prejudicially be affected;
(viivi) The Vendors have not havenot entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Vendee under this Agreement;
(viiivii) The Vendors confirm confirms that the Vendors are it is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Vendee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter/Owners Vendors shall hand over handover lawful, vacant, peaceful, physical possession of the said Apartment Apartmentalongwith parking (if applicable) to the Allottee and the Common Areas Vendee,common areas to the association of Allotteesvendeesor the competent authority, as the case may be, as provided under Rule 2(1)(f) of the Rules, 2017;
(xix) The said Apartment Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;
(xi) Schedule Property; The Vendors have duly paid paid/shall pay and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said Project to the Corporation competent Authorities till the Occupancy/Completion Certificate is issued;offer of possession letterin respect of the Apartment has been issued as per the provisions of the Haryana Development and Regulation of Xxxxx Xxxxx Xxx, 0000, Rules thereof, equipped with all the specifications, amenities, facilities as per the agreed terms and conditions and common areas as provided under Rule 2(1)(f) of the Rules, 2017.
(xiix) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Apartmentproperty) has been received by or served upon the Vendorsin respect of the said Land and/or the Project, except those arising out of normal course of business of the Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE VENDORS. The Developer/Vendors hereby represent represents and warrant warrants to the Allottee Purchaser as follows:
(i) The Owners Vendors have absolute, clear and marketable title with respect to the said Land. The devolution of title of ; the Owners in respect of requisite rights to carry out development upon the said Land is mentioned in Schedule-I hereto. The Owners have and absolute, actual, physical and legal possession of the said Land for the Project;.
(ii) The Promoter has Developer/Vendors have lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;.
(iii) There are no encumbrances upon the said Land or the Project created by the Vendors save and except mortgage of the said Land for obtaining loan for the Project as mentioned in Clause 18;Project.
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the said Apartment;Building.
(v) All approvals, licenses and permits issued by the Corporation competent authorities with respect to the Project, said Land and the said Apartment Shop/ Office / Godown / Back Office / Commercial / Semi - Commercial Complex are valid and subsisting and have been obtained by following due process of law. Further, the Developer/ Vendors have been and shall, at all times, remain to be tobe in compliance with all applicable laws in relation to the Project, the said Land, the Building andShop / Office / Godown / Back Office / Commercial / Semi - Commercial Complex and the said Apartment and Common Areas;common areas.
(vi) The Vendors Vendors/Developer have the right to enter into this Agreement Shop/ Office / Godown / Back Office/ Commercial / Semi - Commercial Complex and have not committed or omitted to perform any act or thing thing, whereby the right right, title and interest of the Allottee Purchaser created herein, may prejudicially be affected;.
(vii) The Developer/Vendors has/have not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land Land, including the Project and the said Apartment Building which will, in any manner, affect the rights of Allottee Purchaser under this Agreement;.
(viii) The Vendors confirm Developer confirms that the Vendors are it is not restricted in any manner whatsoever from selling the said Apartment Shop/ Office / Godown/ Back Office/Commercial / Semi - Commercial Complex to the Allottee Purchaser in the manner contemplated in this Agreement;Shop/ Office / Godown / Back Office/ Commercial / Semi – Commercial Complex.
(ix) At the time of execution of the conveyance deed the Promoter/Owners Developer shall hand over handover lawful, vacant, peaceful, physical possession of the said Apartment Shop/ Office / Godown / Back Office/Commercial / Semi - Commercial Complex to the Allottee Purchaser and the Common Areas common areas to theAssociation of the association of Allottees;Purchasers.
(x) The said Apartment Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Apartment;Schedule-A Property.
(xi) The Developer/ Vendors have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Premises said project to the Corporation till the Occupancy/Completion Certificate is issued;competent Authorities.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition foracquisition or requisition of the said Apartmentproperty) has been received by or served upon the Developer/ Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement