Subject to Clause 9. 1.1, in no event shall either Party be liable to the other for any:-
(a) loss of profits;
(b) loss of business;
(c) loss of revenue;
(d) loss of or damage to goodwill; and/or
(e) loss of savings (whether anticipated or otherwise); and/or
(f) any indirect or consequential loss or damage.
Subject to Clause 9. 3 the Promoter agrees and acknowledges, the Allottees shall have the right to the Apartment as mentioned below:
Subject to Clause 9. 5 and save as provided in this Clause 9.1 and Clause 9.2, and save where any provisions of this Agreement provide for an indemnity, neither party (the party liable) nor any of its officers, employees or agents shall be liable to the other party for loss arising from any breach of this Agreement other than for loss directly resulting from such breach and which at the date hereof was reasonably foreseeable as not unlikely to occur in the ordinary course of events from such breach in respect of:
9.1.1 physical damage to the property of the other party, its officers, employees or agents; and/ or
9.1.2 the liability of such other party to any other person for loss in respect of physical damage to the property of any person, provided that the liability of either party in respect of all claims for such loss shall in no circumstances exceed £1 million per incident or series of related incidents; and provided further that either party shall be entitled:
(A) to deduct from any sums payable in respect of its liability for loss or damage in respect of any event under this Agreement any sums which it is liable to pay to a person who has a connection to the Distribution System or any other person in respect of the same loss or damage in respect of the same event; and
(B) where it has already made payment in respect of its liability for loss or damage in respect of an event under this Agreement at the time at which it becomes liable to pay to any other person in respect of the loss or damage in respect of the same event, to reclaim from the other party the amount of its liability to that other person but not exceeding the amount already paid to the other party in respect of loss or damage in respect of the same event:
Subject to Clause 9. 3, the Promoter agrees and acknowledges, the Allottee(s) shall have the right to the said Unit as mentioned below:
(i) The Allottee(s) shall have exclusive ownership of the Unit.
(ii) The Allottee(s) shall also have undivided proportionate ownership and share in the Amenities and Facilities reserved for use of Residential Block. Since the share/ interest of Allottee(s) in the common areas of the Whole Project is indivisible and cannot be divided or separated, the Allottee(s) shall use the common areas, along with other occupants and maintenance staff etc., without causing any inconvenience or hindrance to them.
(iii) That the computation of the price of the Unit includes recovery of price of land, construction of, not only the Unit but also, the common areas, internal development charges, external development charges, cost of providing electric wiring, electrical connectivity to the Unit, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, etc. and includes cost for providing all other facilities, amenities and specification to be provided within the Unit and the Said Project as detailed in Part I of Schedule C. The Allottee is aware that the amount towards water infrastructure fund as detailed in Clause 1.10 shall be payable in addition to the Total Price
(iv) To assess the extent of development of the Said Project and his Unit, the Allottee(s) may visit the Said Project. However, the Promoter discourages such kind of visit by the Allottee(s) and his/her family members due to the risk at construction site. If the Allottee decides to visit site, he/she shall take due care and proper safety measures while visiting the site as construction activities are in full swing and the Promoter shall not in any way be held responsible for any accident, fall of any object, mis-happening etc. caused to/with Allottee(s) and his/her accompanying persons while using the Site. Further, the Promoter strictly prohibits the visit of children at construction site.
Subject to Clause 9. 3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Said Apartment as mentioned below:
(i) The Allottee shall have exclusive title to the Said Apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided and/or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Promoter shall hand over the Common Areas to the association of Allottee after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the Said Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas/Portions, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Said Apartment and the Said Complex;
(iv) The Allottee has the right to visit the Said Complex site to assess the extent of development of the Said Complex and his/her/their Apartment.
Subject to Clause 9. 3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment or Plot as mentioned below:
(i) The Allottee(s) shall have exclusive ownership of the Apartment.
(ii) The Allottee(s) shall also have undivided proportionate share in the common areas. Since the share/ interest of Allottee(s) in the common areas is undivided and cannot be divided or separated, the Allottee(s) shall use the common areas, along with other occupants and maintenance staff etc., without causing any inconvenience or hindrance to them. Further the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable
(iii) That the computation of the price of the Apartment includes recovery of price of land, construction of, not only the Apartment but also, the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Said Project/Whole Project.
Subject to Clause 9. 1 and save for Clause 10.1, the total aggregate liability of either Party and that if its directors, officers, employees, consultants and Associates toward the other Party or any third party under or in connection with this Agreement howsoever arising (including by way of negligence, breach of contract, misrepresentation, tort, quasi-tort or otherwise) whether resulting in direct, indirect, consequential loss or damages or loss of opportunity, goodwill, revenue, profit or anticipated earnings however caused, suffered or incurred by the other Party, in any case whether or not such losses were within the contemplation of the Parties at the date of this Agreement, arising out of or in connection with any matter arising under this Agreement, and whether or not such Party has been advised of the possibility of such damage shall in no circumstances exceed the Net Gaming Revenue for the 12 months preceding the date of the act or omission giving rise to liability.
Subject to Clause 9. 1: (a) the Agreement and the acceptable use policy referred to in herein constitutes the entire agreement between the parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the parties in respect of that subject matter; and (b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Agreement.
Subject to Clause 9. 2, the Employee undertakes to keep the terms of this Agreement, including without limitation the number of Option Shares, confidential and not to disclose any such information (the “Confidential Information”) to anyone in any manner whatsoever or by any means whatsoever, including without limitation to any other employee of the Group.
Subject to Clause 9. 2.1, LBIE and the Participating Creditor(s) who hold such Participating Eligible Admitted Claim(s) shall have the same interests, rights, entitlements, claims and defences in respect of the Participating Eligible Admitted Claim(s) as if this Agreement had not become effective; and
