Common use of ADDITIONAL CONSTRUCTIONS Clause in Contracts

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and Act. Forwarding this Agreement to the clauses below. 17.2 Besides Allottee by the additions and alterations permissible under Promoter does not create a binding obligation on the Act and/or Rulespart of the Promoter or the Allottee until, firstly, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of signs and delivers this Agreement with all the Apartments, be entitled to all future vertical and horizontal exploitation of schedules along with the Buildings and/or the Premises by way of additional/ further construction payments due as stipulated in the Premises including by raising Payment Plan within 30 (thirty) days from the date of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered receipt by the Allottee because and secondly, appears for registration of the samesame before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. The Allottee also admits If the Allottee(s) fails to execute and accepts that deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or employees and/or agents and/or contractors appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to use forfeit the Cancellation Charges and utilize the Common Areas for movement GST applicable on such Cancellation Charges. The balance amount of building materials money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and for other purposes impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission be free to approach the authorities concerned for refund of the Allottee results in any interruptionsuch taxes, interferencecharges, hindrancelevies, obstructioncess, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same assessments and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteeimpositions.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes Allottee admits and acknowledges that it has no right at the treaty of sale of the Allotted Apartment to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or RulesAllottee, the Allottee has irrevocably consented to and/or hereby irrevocably consents been specifically made aware of by the Developer/Promoter that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and Developer /Promoter shall be entitled to deal with and dispose of do all or any of the above in any manner whatsoever following acts deeds matters and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room things as mentioned below and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have question or dispute the same: (a) That the Developer/Promoter shall be entitled to and may construct additional floors/apartments/commercial spaces by consuming unutilized Floor Area Ratio available for the Project and/or by acquiring approximately ………………………. adjacent land on the north of the said Premises and amalgamating the same with the said Premises and consuming unutilized Floor Area Ratio available for the Project and the Floor Area Ratio available for such adjacent land by exploiting the said building vertically and/or horizontally and/or by constructing a separate building thereat and use the open spaces of such landed properties or the entire such landed properties as parking spaces as the case be as per the plan as may be sanctioned by the Arambagh Municipality and the Developer/Promoter shall be entitled to sell or otherwise deal with the same to its sole benefit and while doing so the Developer/Promoter shall ensure that there would not be any right whatsoever changes in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any lay out of the above and/or in respect of any temporary inconvenience that may be suffered by Allotted Apartment; (b) That the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Developer/Promoter shall be entitled to use and utilize the Common Areas allow any Allottee to use parking spaces including as mechanized car parking spaces and/or for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay parking motor car(s) in the Project as per the plan as sanctioned and as be sanctioned in future by the Arambagh Municipality. This shall not restrict the Developer/Promoter to use or allow any portion thereof including further constructions, additions and/or alterations from time Allottee to time and/or use parking spaces and open spaces within the compound of the said Premises for parking of two wheelers thereat; (c) That the Developer/Promoter shall be entitled to alter the elevation of the building and the landscaping in the transferProject. For doing so by the Developers/Promoters, sale the Allottee agrees and ensures that he shall not in any way cause any obstruction hindrance or disposal of interference nor shall claim any Apartment right whatsoever over the benefits arising to the Developer/Promoter or portion of the ProjectOwner by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions and/or additional car parking spaces, then on the contrary the Allottee agrees to render all cooperation as may be necessary and required by the Developer/Promoter in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteeregard.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises Additional/Further Constructions by way of additional/ additional/further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs of the Buildings (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The .The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and this Agreement including the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has have irrevocably consented to and/or hereby irrevocably consents consent that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation of the Buildings Building and/or the Said Premises by way of additional/ additional/further construction in the Said Premises including by raising of any additional floor/storey/ storey/construction over the roofs of the Buildings Building (including the Common Roof Area) and/or by way of construction of additional building/structures in the open land/spaces in the Said Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings Building and/or the Common Areas and such future additional/further constructions/exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Owners and the Promoter is are entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs roof as also the Private Roof Area to the ultimate roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Actconstructions. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits admit and accepts accept that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results result in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment Unit or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Owners and the Promoter shall, if required, be entitled to obtain necessary permission / permission/sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Owners and the Promoter has have an irrevocable sole right in respect of the same and the Allottee has have irrevocably consented and/or hereby irrevocably consents consent to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of proportionate area in Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 17.1. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses belowAct. 17.2 Besides 17.2. The common areas and facilities as described in Third Schedule hereunder written shall be ready for use as soon as the additions same is completed by the Promoter and alterations permissible under it may take some time even after the Act and/or Rules, issuance of the Notice of Possession. The Allottee has irrevocably consented will have no objection for the Promoter to and/or hereby irrevocably consents carry out work of the common areas and facilities and other unfinished apartments in Joyville Project as well as the entire Project after completion/taking over possession of the said Apartment/Residential 17.3. The Allottee agrees that the Promoter shall, until handing over the possession of all the Apartments, will be entitled to all future vertical carve out certain spaces in Joyville Phase 1B and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floorallot them as private right/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled space to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additionalspecific Apartments/further constructions and the same is and shall be deemed to be the previous written consent under the ActResidential Apartments. The Allottee shall not is deemed to have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes given consent under this Clause and the Allottee shall not raise at any objection time, even after the completion of the Joyville Phase 1B and formation of Association, claim any rights thereto or deprive such users/occupiers/Allottees of the Apartment/Residential Apartment. It is understood that such allotments are made to provide privacy to or for better utilization of the respective Apartment/Residential Apartments. 17.4. However, subject to the applicable provisions of WBRERA the Promoter shall have the exclusive right and be entitled at all times to erect, install, display and maintain and/or permit, grant rights to third parties against payment of consideration/charges to the Promoter to erect install display and maintain hoardings, display signs, neon signs, lighted display etc., on the roof of the building/towers in the entire Joyville Project and/or Joyville Phase 1B and /or other areas of the entire Joyville Project without being required to pay any charges for the same to the Allottee/Occupiers of the Residential Apartment in the Residential Township and/or the Association and neither the Allottee/occupiers of the Residential Apartments in the Residential Township (including the Allottee herein) nor the Association or any other entity shall be entitled to object to or hinder the same in any manner whatsoever with regard theretoor claim any charges or other amount. If any act Any revenue that may be earned, whether one-time or omission of the Allottee results in any interruptionrecurring, interferencefrom such hoarding, hindrancedisplay signs, obstructionneon signs, impediment or delay in the Project or any portion thereof including further constructionslighted displays etc., additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay accrue to the Promoter compensation and/or damages that may be quantified by the Promoterexclusively. The Promoter shall, if required, obtain necessary permission / sanction from Allottee is deemed to have given the concerned authorities regarding the above or get the same regularized/ approved on the basis that Allottee’s consent to the Promoter has an irrevocable sole right in respect of the same this regard and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It no further reference is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteerequired.

Appears in 2 contracts

Sources: Agreement for Allotment of Apartment, Agreement for Allotment of Apartment

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 20.1 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / permission/sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes Allottee admits and acknowledges that it has no right at the treaty of sale of the Said Apartment And Appurtenances to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or RulesAllottee, the Allottee has irrevocably consented to and/or hereby irrevocably consents been specifically made aware of by the Promoter and the Land Owners that the Promoter shall, until handing over and the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and Land Owners shall be entitled to do all or any of the following acts deeds matters and things as mentioned below and the Allottee shall not question or dispute the same and hereby grants its consent for the same: (i) That the Promoter shall be entitled to and may construct additional vertical extentions in form of floors/apartments over the roof of the building by consuming unutilized Floor Area Ratio available for the Project as per the plans as be sanctioned by the concerned authority. The Promoter agrees and undertakes that he shall not make any changes to these layout plans except in strict compliance with section 14 of the Act and other laws as applicable. The Promoter and the Land Owners shall be entitled to sell or otherwise deal with the same to its sole benefit and dispose of all while doing so the Promoter shall ensure that there would not be any changes in the layout of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas Apartment; (including common installations like lift machine room and the water tankii) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by to the Allottee because of the same. It is clarified that in case of additional construction on the roofs, the Common Roof Area shall be shifted to the same position on the ultimate roofs along with the lift machine room and the water tank and shall have equivalent area. (iii) The Allottee also admits Promoter shall further be entitled to make such changes, modifications, additions, alterations and/or variations regarding the construction and accepts that the Promoter specifications of the Building, the Common Portions and/or employees and/or agents and/or contractors the Apartment, in the manner provided under this Agreement and the Act and breach of this term by the Promoter shall be entitled to use and utilize constitute a material breach of the Common Areas for movement of building materials and for other purposes and Agreement. (iv) For doing so by the Promoter, the Allottee agrees and ensures that he shall not in any way cause any obstruction hindrance or interference nor shall claim any right whatsoever over the benefits arising to the Promoter or the Land Owners by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions, on the contrary the Allottee agrees to render all cooperation as may be necessary and required by the Promoter in that regard and agrees and covenants not to raise any claim or objection in this regard at any manner whatsoever with regard thereto. If any act or omission time. (v) The right of the Allottee results in any interruption, interference, hindrance, obstruction, impediment allottee regarding the Undivided Share shall be variable depending on further/additional vertical or delay in the Project or any portion thereof including further other constructions, additions and/or alterations if any, made by the Promoter from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or allottee hereby irrevocably consents to the same. It is agreed that Any such modifications, additions and/or alterations variation shall not affect the Total Price Agreed Consideration and that no claim can be raised regarding the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of same by the Allottee.

Appears in 2 contracts

Sources: Agreement for Sale, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the ApartmentsUnits, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment Unit or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter Seller undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act Act. Forwarding this Agreement to the Allottees by the Seller does not create a binding obligation on the part of the Seller or the Allottees until, firstly, the Allottees signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottees and secondly, appears for registration of the same before the concerned office of the Additional Registrar of Assurances -I at Kolkata as and when intimated by the Seller. If the Allottee(s) fails to execute and deliver to the Seller this Agreement within 30 (thirty) days from the date of its receipt by the Allottees and/or appear before the office of the Additional Registrar of Assurances -I for its registration as and when intimated by the Seller, then the Seller shall serve a notice to the Allottees, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottees, application of the Allottees shall be treated as cancelled and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and Seller shall be entitled to deal with forfeit the Cancellation Charges and dispose the GST applicable on such Cancellation Charges. The balance amount of all money paid by the Allottees shall be, subject to proviso below, be returned by the Seller to the Allottees within 12 (twelve) months of such cancellation or on transfer of the above in Said Apartment to any manner whatsoever and for such purpose other Apartment Acquirer, whichever is earlier. However may it be clarified that the Promoter is entitled balance amount shall be payable subject to shift any part the execution of the Common Areas (including common installations like lift machine room Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the appropriate authorities concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced returned by the Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the detriment of subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the AllotteeParties in regard to the said apartment/ building, as the case may be.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all future vertical construct additional/further floors on and horizontal exploitation above the top roof of the Buildings Said Block and/or make other constructions elsewhere on the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings Said Land /Said Complex and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings said Complex and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and the Allottee agrees and covenants not to raise obstruct or object to the same notwithstanding any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience inconveniences that may be suffered by the Allottee because due to and arising out of the samesaid construction/developmental activity. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or the construction of the said Complex or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Projectsaid Complex, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the PromoterPromoter and shall keep the Promoter indemnified in this regard. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Allottee admits and acknowledges that the Allottee has been specifically made aware of by the Promoter that the Promoter shall be entitled to do all or any of the following acts deeds matters and things as mentioned below: (a) That the Promoter shall be entitled to and may construct additional apartments or may increase the size of the proposed apartments in the building by consuming unutilized Floor Area Ratio available for the Project or by constructing less number of storerooms, bathrooms for servant quarters etc. as per the plan as may be sanctioned by the Kolkata Municipal Corporation and to sell or otherwise deal with the same to its sole benefit and while doing so the Promoter shall ensure that there would not be any changes in the lay out of the Allotted Apartment; (b) That the Promoter shall not be obliged to dig up a portion of the said Premises despite the same being shown as pond in the Building Sanction Plan inasmuch as the same was shown as such at the wrongful and arbitrarily insistence of the Kolkata Municipal Corporation and shall be entitled to use, sell or otherwise deal with such area as and for parking of motor cars or other uses to its sole benefit; (c) That the Promoter shall be entitled to use car parking spaces as mechanised car parking spaces for car parking in the Project as per the plan as may be sanctioned by the Kolkata Municipal Corporation; (d) That the Promoter shall be entitled to alter the elevation of the building and the land scaping in the Project. For doing so by the Promoter, the Allottee agrees and ensures that he/she shall not in any way cause any obstruction hindrance or interference nor shall claim any right whatsoever over the benefits arising to the Promoter or the Owners by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions, additional car parking spaces, on the contrary the Allottee agrees to render all cooperation as may be necessary and required by the Promoter in that regard. The Promoter undertakes that it has no right to shall not make any other additions or to put up other additional structure(s) anywhere in the Project after the building Building Plan, Revised Building Plan, layout plan, has been sanction plan and specifications, amenities and facilities are approved by the competent authority(ies) Kolkata Municipal Corporation and disclosed, at the material time disclosed except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas as mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteethis clause.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and this Agreement including the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, Vendors shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises Additional/Further Constructions by way of additional/ additional/further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs roof of the Buildings Building (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its their absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings Building and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Vendors who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is Vendors are entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Actconstructions. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter Vendors shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has Vendors have an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and Act. Forwarding this Agreement to the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that Allottees by the Promoter shall, until handing over does not create a binding obligation on the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas Promoter or the Allottees until, firstly, the Allottees signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (including common installations like lift machine room thirty) days from the date of receipt by the Allottees and secondly, appears for registration of the water tanksame before the concerned office of the Registrar of Assurances -IV at [Kolkata] as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the ultimate roofs Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottees and/or appear before the office of the Registrar of Assurances -IV for its registration as and also to make available when intimated by the Common Areas and all utility connections and facilities Promoter, then the Promoter shall serve a notice to the additional/further constructions and Allottees, for rectifying the same is and default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottees, application of the Allottees shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions treated as cancelled and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize forfeit the Common Areas for movement of building materials and for other purposes Cancellation Charges and the Allottee GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottees shall not raise any objection in any manner whatsoever with regard thereto. If any act be, subject to proviso below, be returned by the Promoter to the Allottees within 12 (twelve) months of such cancellation or omission on transfer of the Allottee results in Said Apartment to any interruptionother Apartment Acquirer, interference, hindrance, obstruction, impediment or delay in whichever is earlier. However may it be clarified that the Project or any portion thereof including further constructions, additions and/or alterations from time balance amount shall be payable subject to time and/or in the transfer, sale or disposal of any Apartment or portion execution of the ProjectDeed of Cancellation. Provided that all amounts collected as taxes, then in that event charges, levies, cess, assessments and impositions and deposited with the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the appropriate authorities concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced returned by the Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the detriment of subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the AllotteeParties in regard to the said apartment/ building, as the case may be.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, Vendors shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises Additional/Further Constructions by way of additional/ additional/further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs roof of the Buildings Building (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its their absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings Building and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Vendors who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is Vendors are entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Actconstructions. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter Vendors shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has Vendors have an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) structure anywhere in the Project after the building plan, layout plans, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) authorities and disclosed, except for as provided in the Act or with the express consent of the Allottee(s). PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE: After the Promoter executes this Agreement, he shall not mortgage or create a charge on the said Unit and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the clauses below. 17.2 Besides time being in force, such mortgage for charge shall not affect the additions right and alterations permissible under interest of the Act and/or RulesAllottee who has taken or agreed to take such Unit. BINDING EFFECT: Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, first, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of signs and delivers this Agreement with all the Apartments, be entitled to all future vertical and horizontal exploitation Schedules along with the payments due as stipulated in this Agreement within 30 (thirty) days from the date of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered receipt by the Allottee because and second, appears for registration of the same. The Allottee also admits same before the concerned Sub-Registrar as and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified when intimated by the Promoter. If the Allottee fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. BROKERAGE/COMMISSION: The Allottee shall bear the expenses including commission or brokerage to any person for services rendered by such person to the Allottee, whether in or outside India for acquiring the Unit. The Promoter shallshall in no way, whatsoever, be responsible or liable for such payment, commission or brokerage nor the Allottee has the right to deduct such charges from the Total Selling Price and other charges payable to the Promoter in terms of this Agreement. Further, the Allottee shall indemnify and hold the Promoter free and harmless from and against any or all liabilities and expenses in this regard. ENTIRE AGREEMENT: This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof, and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if requiredany, obtain necessary permission / sanction from between the concerned authorities regarding Parties in regard to the above or get said Unit, as the same regularized/ approved on case may be. RIGHT TO AMEND: This Agreement may only be amended through written consent of the basis Parties. PROVISIONS OF THIS AGREEMENT APPLICABLE ALLOTTEE/ SUBSEQUENT ALLOTTEES: It is clearly understood and so agreed by and between the Parties hereto, that all the Promoter has an irrevocable sole right provisions contained herein and the obligations arising hereunder in respect of the same said Unit and the Project shall equally be applicable to and enforceable against and by any subsequent Allottee has irrevocably consented and/or hereby irrevocably consents of the Unit, in case of a transfer, as the said obligations go along with the Unit for all intents and purposes. WAIVER NOT A LIMITATION TO ENFORCE: The Promoter may, at its own option and discretion, and without prejudice to its rights as laid out in this Agreement, waive the samebreach by the Allottee in not making payments as per the payment plan mentioned this Agreement including waiving off the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that such modifications, additions and/or alterations shall not affect exercise of discretion by the Total Price and that Promoter in the total number case of Common Areas mentioned in Schedule ‘E’ one allottee shall not be reduced construed to be a precedent and /or binding on the detriment Promoter to exercise such discretion in the case of other allottees. Failure on part of the AllotteeParties to enforce at any time or for any period of time, the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter, to enforce each and every provision.

Appears in 1 contract

Sources: Agreement for Sale

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and this Agreement including the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, Vendors shall be entitled to all future vertical and horizontal exploitation of the Buildings Building and/or the Premises by way of additional/ additional / further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs Common Roof Area of the Buildings Building and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises from time to time and shall at its their absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings Building and/or the Common Areas and such future additional/further constructions/ exploitation shall belong exclusively to the Vendors who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is Vendors are entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Actconstructions. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter Vendors and/or their employees and/or agents and/or contractors of the Promoter Vendors shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter Vendors compensation and/or damages that may be quantified by the PromoterVendors. The Promoter Vendors shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has Vendors have an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is clarified that in case of additional construction on the Common Roof Area, then the ultimate roof over such additional construction as also the lift machine room and the water tank over the ultimate roof shall become the Common Roof Area. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and Act. Forwarding this Agreement to the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that Allottees by the Promoter shall, until handing over does not create a binding obligation on the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas Promoter or the Allottees until, firstly, the Allottees signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (including common installations like lift machine room thirty) days from the date of receipt by the Allottees and secondly, appears for registration of the water tanksame before the concerned office of the Registration Authority at Kolkata as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the ultimate roofs Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottees and/or appear before the office of the Registration Authority for its registration as and also to make available when intimated by the Common Areas and all utility connections and facilities Promoter, then the Promoter shall serve a notice to the additional/further constructions and Allottees, for rectifying the same is and default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottees, application of the Allottees shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions treated as cancelled and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize forfeit the Common Areas for movement of building materials and for other purposes Cancellation Charges and the Allottee GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottees shall not raise any objection in any manner whatsoever with regard thereto. If any act be, subject to proviso below, be returned by the Promoter to the Allottees within 12 (twelve) months of such cancellation or omission on transfer of the Allottee results in Said Apartment to any interruptionother Apartment Acquirer, interference, hindrance, obstruction, impediment or delay in whichever is earlier. However may it be clarified that the Project or any portion thereof including further constructions, additions and/or alterations from time balance amount shall be payable subject to time and/or in the transfer, sale or disposal of any Apartment or portion execution of the ProjectDeed of Cancellation. Provided that all amounts collected as taxes, then in that event charges, levies, cess, assessments and impositions and deposited with the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the appropriate authorities concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced returned by the Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the detriment of subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the AllotteeParties in regard to the said apartment/ building, as the case may be.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The undertaking of the Allottee to the Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere notwithstanding anything contained in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rulesthis Agreement, the Allottee has irrevocably consented no objection and shall under no circumstances have any objection to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession (1) integrating/adding (notionally or actually) other parcels of all the Apartments, be entitled to all future vertical land and/or adjacent/other lands and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the premises (collectively Other Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tankProperties) to the ultimate roofs Project Land and also for this purpose, demolishing boundary walls and affixing gates wherever necessary and connecting existing roads to make available future roads (2) extending, modifying and realigning the extent, area, layout and location of the Said Building/Said Project including the Project Common Areas Portions, (3) modifying the Sanctioned Plans, as may be necessary in this regard, (4) granting all forms of unfettered and perpetual proportionate right of ownership and use over the Building Common Portions and the Project Common Portions and (5) granting all utility connections rights of user and facilities easements over the Project Common Portions comprised in the Project to the additional/further constructions and intending allottees or owners of the same Other Developer Properties (collectively Owners of Other Promoter Properties). It is and shall be deemed to be clearly understood by the previous written consent under Allottee that the Act. The Allottee shall not have any right whatsoever to erect any wall/boundary wall in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of Said Project and/or the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the sameOther Promoter Properties. The Allottee also admits hereby accepts and accepts that gives his consent to such integration and/or addition and/or extension and/or modification and/or realignment and no further permission and/or consent is required to be obtained by the Promoter and/or employees and/or agents and/or contractors from the Allottee. The Allottee further undertakes that in consideration of the Promoter shall be entitled agreeing to use and utilize sell the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay Said Flat And Appurtenances to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shallAllottee, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents accepted the above conditions and has granted and shall be deemed to have granted to the same. It is agreed that such modificationsOwners, additions and/or alterations shall not affect the Total Price Promoter, Owners of Other Promoter Properties and that all successors-in-interest/title unfettered and perpetual easements over, under and above all Building Common Portions and Project Common Portions comprised in the total number of Common Areas mentioned Said Project including roads, passages and all open spaces in Schedule ‘E’ shall not be reduced the Said Project, with right to connect the same to new roads and passages comprised in the Other Promoter Properties integrated/added to the detriment of the AllotteeSaid Project.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises Additional/Further Constructions by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction floor(s)/storey(s)/constructions on the roofs (including the Common Roof Area)of the Buildings(that is, over the roofs of the Buildings top floors) and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common areas and installations like landscaped roof garden of ‘Surya’, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Actconstructions. The Allottee shall not have any right whatsoever in respect of the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also Allotteealso admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all future vertical construct additional/further floors on and horizontal exploitation above the top roof of the Buildings Said Wing and/or make other constructions elsewhere on the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings Said Land and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings said Land and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and the Allottee agrees and covenants not to raise obstruct or object to the same notwithstanding any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience inconveniences that may be suffered by the Allottee because due to and arising out of the samesaid construction/developmental activity. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or the construction of the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the PromoterPromoter and shall keep the Promoter indemnified in this regard. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter Owner undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act Act. Notwithstanding anything to the contrary elsewhere herein contained, it is expressly agreed and understood by and between the clauses below. 17.2 parties hereto as follows: - Besides sanction of additional FAR which has been applied by the additions and alterations permissible under Owner to the Act Durgapur Municipal Corporation on account of ‘green building’; and/or Rules‘metro corridor’, in case any further additional FSI/FAR/Construction is permitted or available at the said Premises, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, Owner shall be entitled to all future vertical avail the same and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time further and additional construction which may be so available and to time additions or alterations to or in connect the Buildings and/or same with the Common Areas and Installations of the said Premises to make the same habitable and to deal with, use, let out, sell, convey and/or otherwise transfer the same to any person at such consideration and in such manner and on such terms and conditions as the Owner, in its sole discretion, may think fit and proper. In the event of any such construction, the ultimate roof of such construction shall then become the common roof to the Co-owners. In case of any additional or further additional construction in terms of clause, there would be a consequential decrease in the proportionate share of the Purchaser in the land of the said Premises and the Common Areas and Installations, however, the Purchaser either individually or together with the other Co-owners shall not be entitled to claim refund or reduction of any consideration or other amounts payable by the Purchaser hereunder nor to claim any amount or compensation from the Owner on account thereof. The Owner shall be entitled to deal with and dispose of all put or allow its or its group companies/associates/affiliates/sister concerns to put neon-sign, hoardings, sign boards or any other installation on the roof of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift Building or any part of thereof as the Common Areas (including common installations like lift machine room Owner, may in their sole discretion, think fit and the water tank) proper. The Purchaser hereby agrees, acknowledges and consents to the ultimate roofs rights and also entitlements excepted and reserved by and unto the Owner and to make available all the Common Areas provisions and all utility connections stipulations contained therein and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions undertakes and covenants not to raise any objection, dispute objection hindrance obstruction or claim in respect with regard to the same or the doing or carrying out of any such act deed or thing in connection therewith by the Owner and/or persons deriving title or authority from it and also to sign and execute all necessary papers and documents in that regard, if so required and found necessary by the Owner. The Purchaser hereby acknowledges and admits that, at or before the execution of this agreement, the above and/or in respect of any temporary inconvenience that Owner might acquire the lands lying adjacent to the said Premises and belonging to the Owner may be suffered developed by the Allottee because Owner in the subsequent phase(s) to form part of the same. The Allottee also admits a single integrated housing project and accepts for that the Promoter Owner shall link and connect the said Premises with the adjacent properties i.e. lands or landed properties adjacent and/or employees and/or agents and/or contractors of adjoining to the Promoter said Premises and in connection therewith the Owner shall have right and be entitled to use do the following acts deeds matters and utilize things: (a) to amalgamate the adjacent properties or any part thereof with the said Premises and to include the adjacent properties as part of a single integrated housing project, (b) to share the access-way, entry/exit points, driveways, paths and passages and certain facilities out of the Common Areas for movement and Installations of building materials and for other purposes the Building Complex in common between the Co- owners of the said Premises and the Allottee Owner and the co- owners of the adjacent properties in such manner and to such extent as the Owner may deem fit and proper. It is made clear by the Owner that, in case the Owner permits the co- owners of the units to be constructed at the adjacent properties in subsequent phase(s) to use certain facilities forming part of the Common Areas and Installations of the Building Complex as aforesaid, the Owner shall likewise allow the Purchaser and other Co-owners of the Building Complex to use certain facilities forming part of the common areas and installations of such adjacent properties in common with the owners of the units to be constructed at the adjacent properties. The Purchaser agrees not to do any act deed or thing whereby the Owner is prevented from proceeding with the work of construction at the adjacent properties nor raise any objection in or cause any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay hindrance to the Promoter compensation and/or damages Owner exercising its rights and entitlements, it being expressly made clear that may be quantified by nothing shall create any right or entitle the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole Purchaser to claim any right over and in respect of the same and adjacent properties or the Allottee has irrevocably consented and/or hereby irrevocably consents buildings to be constructed thereat unless otherwise to the same. It is agreed that such modifications, additions and/or alterations shall not affect extent and in the Total Price and that manner expressly specified by the total number of Common Areas mentioned Owner in Schedule ‘E’ shall not be reduced to the detriment of the Allotteewriting.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 18.1. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses belowAct. 17.2 Besides 18.2. The common areas and facilities as described in Third Schedule hereunder written shall be ready for use as soon as the additions same is completed by the Promoter and alterations permissible under it may take some time even after the Act and/or Rules, issuance of the Notice of Possession. The Allottee has irrevocably consented will have no objection for the Promoter to and/or hereby irrevocably consents carry out work of the common areas and facilities and other unfinished apartments in Joyville Project as well as the entire Project after completion/taking over possession of the said Apartment/Residential Apartment. 18.3. The Allottee agrees that the Promoter shall, until handing over the possession of all the Apartments, will be entitled to all future vertical carve out certain spaces in Joyville Phase 1B and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floorallot them as private right/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled space to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additionalspecific Apartments/further constructions and the same is and shall be deemed to be the previous written consent under the ActResidential Apartments. The Allottee shall not is deemed to have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes given consent under this Clause and the Allottee shall not raise at any objection time, even after the completion of the Joyville Phase 1B and formation of Association, claim any rights thereto or deprive such users/occupiers/Allottees of the Apartment/Residential Apartment. It is understood that such allotments are made to provide privacy to or for better utilization of the respective Apartment/Residential Apartments. 18.4. However, subject to the applicable provisions of WBRERA the Promoter shall have the exclusive right and be entitled at all times to erect, install, display and maintain and/or permit, grant rights to third parties against payment of consideration/charges to the Promoter to erect install display and maintain hoardings, display signs, neon signs, lighted display etc., on the roof of the building/towers in the entire Joyville Project and/or Joyville Phase 1B and /or other areas of the entire Joyville Project without being required to pay any charges for the same to the Allottee/Occupiers of the Residential Apartment in the Residential Township and/or the Association and neither the Allottee/occupiers of the Residential Apartments in the Residential Township (including the Allottee herein) nor the Association or any other entity shall be entitled to object to or hinder the same in any manner whatsoever with regard theretoor claim any charges or other amount. If any act Any revenue that may be earned, whether one-time or omission of the Allottee results in any interruptionrecurring, interferencefrom such hoarding, hindrancedisplay signs, obstructionneon signs, impediment or delay in the Project or any portion thereof including further constructionslighted displays etc., additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay accrue to the Promoter compensation and/or damages that may be quantified by the Promoterexclusively. The Promoter shall, if required, obtain necessary permission / sanction from Allottee is deemed to have given the concerned authorities regarding the above or get the same regularized/ approved on the basis that Allottee’s consent to the Promoter has an irrevocable sole right in respect of the same this regard and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It no further reference is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteerequired.

Appears in 1 contract

Sources: Agreement for Allotment of Apartment

ADDITIONAL CONSTRUCTIONS. 17.1 17.1. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses belowAct. 17.2 Besides 17.2. The common areas and facilities as described in Third Schedule hereunder written shall be ready for use as soon as the additions same is completed by the Promoter and alterations permissible under it may take some time even after the Act and/or Rules, issuance of the Notice of Possession. The Allottee has irrevocably consented will have no objection for the Promoter to and/or hereby irrevocably consents carry out work of the common areas and facilities and other unfinished apartments in Joyville Project as well as the entire Project after completion/taking over possession of the said Apartment/Residential Apartment. 17.3. The Allottee agrees that the Promoter shall, until handing over the possession of all the Apartments, will be entitled to all future vertical carve out certain spaces in Joyville Phase 1B and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floorallot them as private right/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled space to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additionalspecific Apartments/further constructions and the same is and shall be deemed to be the previous written consent under the ActResidential Apartments. The Allottee shall not is deemed to have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes given consent under this Clause and the Allottee shall not raise at any objection time, even after the completion of the Joyville Phase 1B and formation of Association, claim any rights thereto or deprive such users/occupiers/Allottees of the Apartment/Residential Apartment. It is understood that such allotments are made to provide privacy to or for better utilization of the respective Apartment/Residential Apartments. 17.4. However, subject to the applicable provisions of WBHIRA and/or RERA the Promoter shall have the exclusive right and be entitled at all times to erect, install, display and maintain and/or permit, grant rights to third parties against payment of consideration/charges to the Promoter to erect install display and maintain hoardings, display signs, neon signs, lighted display etc., on the roof of the building/towers in the entire Joyville Project and/or Joyville Phase 1B and /or other areas of the entire Joyville Project without being required to pay any charges for the same to the Allottee/Occupiers of the Residential Apartment in the Residential Township and/or the Association and neither the Allottee/occupiers of the Residential Apartments in the Residential Township (including the Allottee herein) nor the Association or any other entity shall be entitled to object to or hinder the same in any manner whatsoever with regard theretoor claim any charges or other amount. If any act Any revenue that may be earned, whether one-time or omission of the Allottee results in any interruptionrecurring, interferencefrom such hoarding, hindrancedisplay signs, obstructionneon signs, impediment or delay in the Project or any portion thereof including further constructionslighted displays etc., additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay accrue to the Promoter compensation and/or damages that may be quantified by the Promoterexclusively. The Promoter shall, if required, obtain necessary permission / sanction from Allottee is deemed to have given the concerned authorities regarding the above or get the same regularized/ approved on the basis that Allottee’s consent to the Promoter has an irrevocable sole right in respect of the same this regard and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It no further reference is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteerequired.

Appears in 1 contract

Sources: Agreement for Allotment of Apartment

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises Additional/Further Constructions by way of additional/ additional/further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs of the Buildings (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes Allottee admits and acknowledges that it has no right at the treaty of sale of the Allotted Apartment to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or RulesAllottee, the Allottee has irrevocably consented to and/or hereby irrevocably consents been specifically made aware of by the Promoter and the Owner that the Promoter shall, until handing over and the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and Owner shall be entitled to deal with and dispose of do all or any of the above in any manner whatsoever following acts deeds matters and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room things as mentioned below and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have question or dispute the same: (a) That the Promoter shall be entitled to and may construct additional floors/apartments/commercial spaces by consuming unutilized Floor Area Ratio available for the Project and/or by acquiring approximately 20 Cottahs adjacent land on the north of the said Premises and amalgamating the same with the said Premises and consuming unutilized Floor Area Ratio available for the Project and the Floor Area Ratio available for such adjacent land by exploiting the said building vertically and/or horizontally and/or by constructing a separate building thereat and use the open spaces of such landed properties or the entire such landed properties as parking spaces as the case be as per the plan as may be sanctioned by the Rajpur-Sonarpur Municipality and the Promoter and the Owner shall be entitled to sell or otherwise deal with the same to its sole benefit and while doing so the Promoter shall ensure that there would not be any right whatsoever changes in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any lay out of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of Allotted Apartment; (b) That the Promoter shall be entitled to use and utilize the Common Areas allow any Allottee to use parking spaces including as mechanised car parking spaces and/or for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay parking motor car(s) in the Project as per the plan as sanctioned and as be sanctioned in future by the Rajpur- Sonarpur Municipality. This shall not restrict the Promoter to use or allow any portion thereof including further constructions, additions and/or alterations from time Allottee to time and/or use parking spaces and open spaces within the compound of the said Premises for parking of two wheelers thereat; (c) That the Promoter shall be entitled to alter the elevation of the building and the landscaping in the transferProject. For doing so by the Promoter, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee agrees and ensures that he shall also be liable to pay not in any way cause any obstruction hindrance or interference nor shall claim any right whatsoever over the benefits arising to the Promoter compensation or the Owner by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions and/or damages that additional car parking spaces, on the contrary the Allottee agrees to render all cooperation as may be quantified necessary and required by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis in that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteeregard.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or That if before the execution of the document in favour of the prop osed society and further construction on the land is allowed in accordance with rules and regulation of the municipal corporation, the Company would be entitled to put up additional structure(s) anywhere in the Project after the building plan, has been approved or other construction without any hindrance by the competent authority(ies) and disclosed, except applicant before or aft er the completion of the present project as per sanctioned plan. Provided that any payment due to the municipal corporation for as provided in such additional construction shall be paid by the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rulespromoter, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and promoter shall be entitled to deal with sell the premises resulting from such additional construction in such manner as it thinks fit and dispose proper to any person or persons for such consideration as the promoter may in its absolute discretion. The promoter will in such event be entitled to connect the electric meter, sanitary and d rainage connections provided however that all costs of construction of such additional floors and the connection to be made thereto shall be borne by the promoter. The promoter and / or its transferees shall have the right to use all the staircases and other common amenities of the above building. In the event of additional floors being constructed as aforesaid, the water tank shall be shifted to the top such structures at the cost of the Company. The Applicant and the member of the society shall admit such new i ntending applicants as its members. That the PROMOTERS has the right to put a hoarding and/ or receiving stations, cable network station, mobile phone set up or station on the open area of the township / rooftop . For these purposes PROMOTERS are fully authori zed to allow temporary or permanent construction or erection in any manner whatsoever installation on the area exterior to the allotted UNIT area as the case may be. The PROMOTERS, its agents, servants, etc can enter into the said township and other open spaces in the township for the purpose of putting and/ or preserving and / or maintaining and/ or removing the advertisements and/ or hoardings, neon lights or such purpose the Promoter is installations etc. The PROMOTERS or its nominees shall entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience income that may be suffered by the Allottee because of the same. The Allottee derived from aforesaid activities and shall also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise transfer or assign such right to any objection in any manner whatsoever with regard thereto. If any act person or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allotteepersons whom they deem fit.

Appears in 1 contract

Sources: Agreement for Sale

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 20.1 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the Allottee’s previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes Vendors undertake that it has they have no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, Vendors shall be entitled to all future vertical and horizontal expansion/exploitation of the Buildings and/or the Premises said Property by way of additional/ additional/further construction constructions in the Premises said Property in any manner whatsoever including by raising of any additional floorfloors/storey/ construction storeys/constructions over the roofs of the Buildings (including the Common Roof Area). The Vendors shall also be entitled to construct new buildings in the land for proposed Blocks D and G and for such purpose the Vendors shall be entitled to obtain, revise, amend and renew sanctioned building plans from time to time in respect of the said Property as also the land for proposed Blocks D and G on the basis that the Vendors shall always have an irrevocable and absolute right in respect of the same. The Allottee hereby waives, disclaims, releases and/or relinquishes any right or entitlement in respect of the said Property other than the said Undivided Share in the land immediately underneath the said Building in which the said Apartment is situated and confirms that the said Property may be used by the Vendors from time to time for construction of the Buildings and/or raising of additional floors/storeys/constructions over the roofs of the Buildings (including the Common Roof Area). The Vendors shall at its their absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas Areas. The Vendors shall also be entitled to construct new buildings and constructions on the land for proposed Blocks D and G. The Vendors shall be entitled to sell, transfer, convey, deal with and and/or dispose of all of the above in any manner whatsoever and for such purpose whatsoever. For the Promoter is aforesaid purposes the Vendors are entitled to shift any part of the Common Areas (including the common installations like lift machine room and the water tankinstallations) to any other location including the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions Buildings that may be constructed by the Vendors on the said Property (including the second phase) and/or on the land for proposed Blocks D and G from time to time and the Allottee hereby consents to the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors shall not have any right whatsoever in any of the Promoter shall be entitled to use and utilize Buildings other than the Common Areas for movement of building materials and for other purposes and undivided variable share only in the Allottee shall not raise any objection land immediately underneath the said Building in which the said Apartment is situated and/or in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in additional/further constructions and/or floors and/or the Project or any portion thereof including further constructions, additions land for proposed Blocks D and G and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages buildings and constructions that may be quantified by the Promoter. The Promoter shallmade thereon and covenants not to raise any objection, if required, obtain necessary permission / sanction from the concerned authorities regarding the above hindrance or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. It is made clear that all rights regarding further constructions etc. on the said Property and/or the land for proposed Block D and land for proposed Block G that have been reserved under this Agreement in favour of the Vendors shall mean and refer only to the Owner herein if the Owner is entitled to the same under the agreements and/or documents executed between the Owner and the Allottee has irrevocably consented and/or hereby irrevocably consents to the samePromoter. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and this Agreement including the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises Additional/Further Constructions by way of additional/ additional/further construction in the Premises including by raising of any additional floor/storey/ storey/construction over the roofs roof of the Buildings Building (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings Building and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 18.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the 18.2 The Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation Additional/Further Constructions by way of raising of additional floor(s)/storey(s)/constructions on the roofs (including the Common Roof Area) of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction (that is, over the roofs of the Buildings top floors) and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like Common Areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Actconstructions. The Allottee shall not have any right whatsoever in respect of the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price Price/Agreed Consideration and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, plan has been approved by the bythe competent authority(ies) and disclosed, except for as provided in the Act and this Agreement including the clauses belowclausesbelow. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the The Allottee has irrevocably consented to and/or hereby irrevocably herebyirrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, shall be entitled to all make in future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ additional/further construction in the Premises including Premisesincluding by raising of any additional floor/storey/ storey/construction over the roofs of the Buildings and Buildings(including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premisesand shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future additional/further constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of all of the above same in any manner whatsoever and for such appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Owner and the Promoter is entitled areentitled to shift any part of the Common Areas (including common installations like areas and installations, lift machine room rooms and water tanks and the water tankCommon Roof Area) to the ultimate roofs as also the Private Roof Area to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. constructions.The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment Unit or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation Promotercompensation and/or damages that may be quantified by the Promoter. .The Owner and the Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on regularized/approvedon the basis that the Owner and the Promoter has have an irrevocable sole right in respect of the same and the andthe Allottee has irrevocably consented and/or hereby irrevocably herebyirrevocably consents to the same. It ▇▇▇▇.▇▇ is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement

ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, has been approved by the competent authority(ies) and disclosed, except for as provided in the Act and the clauses below. 17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee has irrevocably consented to and/or hereby irrevocably consents that the Promoter shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in 5th Schedule ‘E’ shall not be reduced to the detriment of the Allottee.

Appears in 1 contract

Sources: Sale Agreement