Common use of Rights of Developer Clause in Contracts

Rights of Developer. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed and understood by and between the parties hereto as follows: (a) The Owner/Vendor/Promoter shall have the right to grant to any person the exclusive right to park cars or other vehicles in or at the parking spaces or otherwise use and enjoy for any other purposes, the side, front and back open spaces surrounding the New Building/s at the said Project and/or any portion of the Residential Complex and also the covered spaces in the ground floor of the New Building/s (including parking spaces) in such manner as the Owner/Vendor/Promoter shall in its absolute discretion think fit and proper. (b) The Owner/Vendor/Promoter will not entertain any request for modification in the internal layouts of the said Apartment. In case the Allottee(s) desires with prior written permission of the Owner/Vendor/Promoter to install some different fittings/floorings on his/her/their own within the said Apartment booked, he/she/they will not be entitled to any reimbursement or deduction in the value of the Apartment. For this purpose, in only those cases where the Allottee(s) has made full payment according to the terms of payment, at its sole discretion, the Owner/Vendor/Promoter may subject to receipt of full payment allow any Allottee(s) access to the said Apartment prior to the Possession Date for the purpose of interior decoration and/or furnishing works at the sole cost, risk and responsibility of such Allottee(s) provided that such access will be availed in accordance with such instructions of the Owner/Vendor/Promoter in writing and that the right of such access may be withdrawn by the Owner/Vendor/Promoter at any time without assigning any reasons. (c) The Owner/Vendor/Promoter reserves unto itself the exclusive right to use and permit or permitted to be used any space in the Common Parts, Portions of the Residential Complex for the purpose of exhibiting any neon sign board, signage or otherwise in / upon the open spaces in the Residential Complex. (d) The Owner/Vendor/Promoter shall be entitled to all future vertical and horizontal exploitation of the said Building and/or the said Project and/or the Residential Complex or by way of further construction thereat by way of additional construction or otherwise. (e) The proportionate share of the Allottee(s) in various matters referred herein shall be such as may be determined by the Owner/Vendor/ Promoter and the Allottee(s) shall accept the same notwithstanding there being minor variations therein for the sake of convenience. (f) Save the said Apartment the Allottee(s) shall have no right, title and interest nor shall claim any right whatsoever or howsoever over and in respect of other Apartments and spaces or constructed areas or parking spaces at the said Project and/or the New Building/s thereat and/or the Residential Complex and the Owner/Vendor/Promoter shall be absolutely entitled to use, enjoy, transfer, sell and/or part with possession of the same and/or to deal with the same in any manner and to any person and on any terms and conditions as the Owner/Vendor/ Promoter in its absolute discretion, shall think fit and proper and the Purchaser hereby consents to the same and agrees not to obstruct or hinder or oppose or raise any objection with regard thereto nor to claim any right of whatsoever nature over and in respect of such areas and spaces belonging to the Owner/Vendor/Promoter. (g) For the purpose of facilitating the construction of the said Apartment in the aforesaid building/project the Owner/Vendor/Promoter may apply for and obtain financial assistance from banks and other financial institutions. (h) That the Owner/Vendor/Promoter shall not be liable or responsible for the destruction or damage to the said Apartment or any part thereof by reason of any force majeure circumstances, fire, act of God or irresistible force, civil disobedience riots, terrorism or any other reasons whatsoever beyond the reasonable control of the Owner/Vendor/Promoter. (i) The Owner/Vendor/Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party mentioned in the schedule/annexure to this agreement, unless it results in structural defect. The Association of Allottees shall take the responsibility for proper safety, maintenance (including continuance of annual maintenance/ insurance contracts/agreements) and upkeep of all the fixtures, equipment and machinery provided by the Owner/ Vendor/Promoter, for which the Owner/Vendor/Promoter shall not be liable after handing over.

Appears in 1 contract

Samples: Sale Agreement

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Rights of Developer. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed and understood by and between the parties hereto as follows: (a) The Owner/VendorDeveloper/Promoter shall have the right to grant to any person the exclusive right to park cars or other vehicles in or at the parking spaces or otherwise use and enjoy for any other purposes, the side, front and back open spaces surrounding the New Building/s at the said Project and/or any portion of the Residential Complex tower and also the covered covered/open spaces in the ground floor of the New Building/s (including parking spaces) in such manner as the Owner/VendorDeveloper/Promoter shall in its absolute discretion think fit and proper. (b) The Owner/VendorDeveloper/Promoter will not entertain any request for modification in the internal layouts of the said Apartment. In case the Purchaser/Allottee(s) desires with prior written permission of the Owner/VendorDeveloper/Promoter to install some different fittings/floorings on his/her/their own within the said Apartment booked, he/she/they will not be entitled to any reimbursement or deduction in the value of the Apartment. For this purpose, in only those cases where the Purchaser/Allottee(s) has made full payment according to the terms of payment, at its sole discretion, the Owner/VendorDeveloper/Promoter may subject to receipt of full payment allow any Purchaser/Allottee(s) access to the said Apartment prior to the Possession Date for the purpose of interior decoration and/or furnishing works at the sole cost, risk and responsibility of such Purchaser/Allottee(s) provided that such access will be availed in accordance with such instructions of the Owner/Vendor/Developer/ Promoter in writing and that the right of such access may be withdrawn by the Owner/VendorDeveloper/Promoter at any time without assigning any reasons. (c) The Owner/VendorDeveloper/Promoter reserves unto itself the exclusive right to use and permit or permitted to be used any space in the Common Parts, Portions of the Residential Complex Building for the purpose of exhibiting any neon sign board, signage or otherwise in / upon the open spaces in the said Residential ComplexProject. (d) The Owner/VendorDeveloper/Promoter shall be entitled to all future vertical and horizontal exploitation of the said Building and/or the said Project and/or the Residential Complex or by way of further construction thereat by way of additional construction or otherwise. (e) The proportionate share of the Purchaser/Allottee(s) in various matters referred herein shall be such as may be determined by the Owner/Vendor/ Developer/ Promoter and the Purchaser/Allottee(s) shall accept the same notwithstanding there being minor variations therein for the sake of convenience. (f) Save the said Apartment the Purchaser/Allottee(s) shall have no right, title and interest nor shall claim any right whatsoever or howsoever over and in respect of other Apartments and spaces or constructed areas or parking spaces at the said Project and/or the New Building/s thereat and/or the Residential Complex and the Owner/VendorDeveloper/Promoter shall be absolutely entitled to use, enjoy, transfer, sell and/or part with possession of the same and/or to deal with the same in any manner and to any person and on any terms and conditions as the OwnerDeveloper/Vendor/ Promoter in its absolute discretion, shall think fit and proper and the Purchaser Purchaser/Allottee(s) hereby consents to the same and agrees not to obstruct or hinder or oppose or raise any objection with regard thereto nor to claim any right of whatsoever nature over and in respect of such areas and spaces belonging to the Owner/VendorDeveloper/Promoter. (g) For the purpose of facilitating the construction of the said Apartment in the aforesaid building/project the Owner/Vendor/Developer/ Promoter may apply for and obtain financial assistance from banks and other financial institutions. (h) That the Owner/VendorDeveloper/Promoter shall not be liable or responsible for the destruction or damage to the said Apartment or any part thereof by reason of any force majeure circumstances, fire, act of God or irresistible force, civil disobedience riots, terrorism or any other reasons whatsoever beyond the reasonable control of the Owner/VendorDeveloper/Promoter. (i) The Owner/VendorDeveloper/Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party mentioned in the schedule/annexure to this agreement, unless it results in structural defect. The Association of Allottees Purchaser/Allottee(s) shall take the responsibility for proper safety, maintenance (including continuance of annual maintenance/ insurance contracts/agreements) and upkeep of all the fixtures, equipment and machinery provided by the Owner/ VendorDeveloper/Promoter, for which the Owner/VendorDeveloper/Promoter shall not be liable after handing over.

Appears in 1 contract

Samples: Sale Agreement

Rights of Developer. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed and understood by and between the parties hereto as followsfollows : (a) The Owner/Vendor/Promoter Developer shall have the right to grant to any person the exclusive right to park cars or other vehicles car in or at the car parking spaces or otherwise use and enjoy for any other purposes, the side, front and back open spaces surrounding the New Building/s building at the said Project and/or any portion of the Residential Complex premises and also the covered spaces in the ground floor of the New Building/s building (including car parking spacesspaces but not the one expressly provided for to the Purchaser under this Agreement) or the residue portion of the roof in such manner as the Owner/Vendor/Promoter Developer shall in its absolute discretion think fit and proper. (b) The Owner/Vendor/Promoter will not entertain any request for modification in the internal layouts of the said Apartment. In case the Allottee(s) desires with prior written permission of the Owner/Vendor/Promoter to install some different fittings/floorings on his/her/their own within the said Apartment booked, he/she/they will not be entitled to any reimbursement or deduction in the value of the Apartment. For this purpose, in only those cases where the Allottee(s) has made full payment according to the terms of payment, at its sole discretion, the Owner/Vendor/Promoter may subject to receipt of full payment allow any Allottee(s) access to the said Apartment prior to the Possession Date for the purpose of interior decoration and/or furnishing works at the sole cost, risk and responsibility of such Allottee(s) provided that such access will be availed in accordance with such instructions of the Owner/Vendor/Promoter in writing and that the right of such access may be withdrawn by the Owner/Vendor/Promoter at any time without assigning any reasons. (c) The Owner/Vendor/Promoter reserves unto itself the exclusive right to use and permit or permitted to be used any space in the Common Parts, Portions of the Residential Complex for the purpose of exhibiting any neon sign board, signage or otherwise in / upon the open spaces in the Residential Complex. (d) The Owner/Vendor/Promoter shall be entitled to all future vertical and horizontal exploitation of the said Building and/or the said Project and/or the Residential Complex or by way of further construction thereat by way of additional construction or otherwise. (e) The proportionate share of the Allottee(s) Purchaser in various matters referred herein shall be such as may be determined by the Owner/Vendor/ Promoter Developer and the Allottee(s) Purchaser shall accept the same notwithstanding there being minor variations therein for the sake of convenience. (fc) Save the said Apartment Flat/unit the Allottee(s) Purchaser shall have no right, title and interest claim nor shall claim any right whatsoever or howsoever over and in respect of other Apartments flat/units and spaces or constructed areas or car/two xxxxxxx parking spaces at the said Project and/or premises or the New Building/s thereat and/or the Residential Complex building and the Owner/Vendor/Promoter Developer shall be absolutely entitled to use, enjoy, transfer, sell and/or part with possession of the same and/or to deal with the same in any manner and to any person and on any terms and conditions as the Owner/Vendor/ Promoter Developer in its absolute discretion, shall think fit and proper and the Purchaser hereby consents to the same and agrees not to obstruct or hinder or oppose or raise any objection with regard thereto nor to claim any right of whatsoever nature over and in respect of such the said areas and spaces belonging to the Owner/Vendor/PromoterDeveloper exclusively. (g) For the purpose of facilitating the construction of the said Apartment in the aforesaid building/project the Owner/Vendor/Promoter may apply for and obtain financial assistance from banks and other financial institutions. (h) That the Owner/Vendor/Promoter shall not be liable or responsible for the destruction or damage to the said Apartment or any part thereof by reason of any force majeure circumstances, fire, act of God or irresistible force, civil disobedience riots, terrorism or any other reasons whatsoever beyond the reasonable control of the Owner/Vendor/Promoter. (i) The Owner/Vendor/Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party mentioned in the schedule/annexure to this agreement, unless it results in structural defect. The Association of Allottees shall take the responsibility for proper safety, maintenance (including continuance of annual maintenance/ insurance contracts/agreements) and upkeep of all the fixtures, equipment and machinery provided by the Owner/ Vendor/Promoter, for which the Owner/Vendor/Promoter shall not be liable after handing over.

Appears in 1 contract

Samples: Sale Agreement

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Rights of Developer. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed and understood by and between the parties hereto as follows: (a) : • The Owner/Vendor/Promoter shall have the right to grant to any person the exclusive right to park cars or other vehicles in or at the parking spaces or otherwise use and enjoy for any other purposes, the side, front and back open spaces surrounding the New Building/s at the said Project and/or any portion of the Residential Complex and also the covered spaces in the ground floor of the New Building/s (including parking spaces) in such manner as the Owner/Vendor/Promoter shall in its absolute discretion think fit and proper. (b) . • The Owner/Vendor/Promoter will not entertain any request for modification in the internal layouts of the said Apartment. In case the Allottee(s) desires with prior written permission of the Owner/Vendor/Promoter to install some different fittings/floorings on his/her/their own within the said Apartment booked, he/she/they will not be entitled to any reimbursement or deduction in the value of the Apartment. For this purpose, in only those cases where the Allottee(s) has made full payment according to the terms of payment, at its sole discretion, the Owner/Vendor/Promoter may subject to receipt of full payment allow any Allottee(s) access to the said Apartment prior to the Possession Date for the purpose of interior decoration and/or furnishing works at the sole cost, risk and responsibility of such Allottee(s) provided that such access will be availed in accordance with such instructions of the Owner/Vendor/Promoter in writing and that the right of such access may be withdrawn by the Owner/Vendor/Promoter at any time without assigning any reasons. (c) . • The Owner/Vendor/Promoter reserves unto itself the exclusive right to use and permit or permitted to be used any space in the Common Parts, Portions of the Residential Complex for the purpose of exhibiting any neon sign board, signage or otherwise in / upon the open spaces in the Residential Complex. (d) . • The Owner/Vendor/Promoter shall be entitled to all future vertical and horizontal exploitation of the said Building and/or the said Project and/or the Residential Complex or by way of further construction thereat by way of additional construction or otherwise. (e) . • The proportionate share of the Allottee(s) in various matters referred herein shall be such as may be determined by the Owner/Vendor/ Promoter and the Allottee(s) shall accept the same notwithstanding there being minor variations therein for the sake of convenience. (f) . • Save the said Apartment the Allottee(s) shall have no right, title and interest nor shall claim any right whatsoever or howsoever over and in respect of other Apartments and spaces or constructed areas or parking spaces at the said Project and/or the New Building/s thereat and/or the Residential Complex and the Owner/Vendor/Promoter shall be absolutely entitled to use, enjoy, transfer, sell and/or part with possession of the same and/or to deal with the same in any manner and to any person and on any terms and conditions as the Owner/Vendor/ Promoter in its absolute discretion, shall think fit and proper and the Purchaser hereby consents to the same and agrees not to obstruct or hinder or oppose or raise any objection with regard thereto nor to claim any right of whatsoever nature over and in respect of such areas and spaces belonging to the Owner/Vendor/Promoter. (g) . • For the purpose of facilitating the construction of the said Apartment in the aforesaid building/project the Owner/Vendor/Promoter may apply for and obtain financial assistance from banks and other financial institutions. (h) . • That the Owner/Vendor/Promoter shall not be liable or responsible for the destruction or damage to the said Apartment or any part thereof by reason of any force majeure circumstances, fire, act of God or irresistible force, civil disobedience riots, terrorism or any other reasons whatsoever beyond the reasonable control of the Owner/Vendor/Promoter. (i) . • The Owner/Vendor/Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party mentioned in the schedule/annexure to this agreement, unless it results in structural defect. The Association of Allottees shall take the responsibility for proper safety, maintenance (including continuance of annual maintenance/ insurance contracts/agreements) and upkeep of all the fixtures, equipment and machinery provided by the Owner/ Vendor/Promoter, for which the Owner/Vendor/Promoter shall not be liable after handing over.. • MISCELLANEOUS

Appears in 1 contract

Samples: Sale Agreement

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