ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of the Complex on pro- rata basis as specified by the the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same. (B) The Municipal tax cess and charges, Rent from date of CC shall become payable by the Allottee immediately on possession or deemed possession. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay: (C) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges; (D) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable as per the terms stated herein. i. In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amount) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees. ii. In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body. iii. If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised. iv. In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority . v. The Allottee shall not withhold payment of the same on any account whatsoever. vi. In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of Apartment, acquirers in the Complex project on pro- pro-rata basis as specified by the the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
(B) The Municipal tax cess and charges, Lease Rent from date of CC/ Partial CC shall become payable by the Allottee immediately on possession or deemed possession. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:.
(C) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(D) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable as per the terms stated herein.
i. (i) In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amount) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
(ii. ) In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
(iii. ) If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
(iv. ) In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. (v) The Allottee shall not withhold payment of the same on any account whatsoever.
(vi. ) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
(a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from supply of garbage bags and collection of the same.
(e) to be restricted from Power back-up facility;
(f) to be restricted from Electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Flat Leave & License or Tenancy;
(h) to be revented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to Restrictions on entry to servants.
(k) to be prevented from usage of the lift and prevent usage of the common facilities and amenities and/or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future.
(vii) The Allottee will not be permitted to use any of the facilities and/or utilities in the Complex in case the Allottee breaches any of the provisions herein till such time the breach continues.
(viii) Promoter or the Association shall become entitled to all rents accruing from such Apartment, if the Apartment, has been let out and/or is under tenancy and/or lease.
(ix) The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment, or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law.
(x) Any sale/transfer of the Unit after this time shall require written approval from the Apex body(and till such time that the Apex body is formed,the Promoter ) and payment of administrative charges as communicated by the Promoter or Apex body (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines bye laws and/or objectives of the Organization Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Apex body is formed, the Promoter), shall not be valid and not binding on the Organisation and/or the Company, as the case may be.
(xi) In the event of sale and transfer of the Apartment, the Promoter or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. Entry to new Unit will be withheld if the realizations continue to remain in arrears. During subsistence of arrears transfer or assignment of the Unit will also be restricted and will be treated as illegal and void transfer..
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (Aa) As and when any plant and machinery, including but not limited to, dg DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of row house/bungalow acquirers in the Complex project on pro- pro-rata basis as specified by the association. the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
(Bb) The Municipal tax cess After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and charges, Rent from date other outgoings including maintenance charges payable in respect of CC the Row house/bungalow shall become payable be paid borne and discharged by the Allottee immediately on possession or deemed possessionAllottee. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(Ci) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(Dii) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne regularly and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to punctually make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable proportionate share of rates and taxes and other outgoings (hereinafter referred to as per the terms stated herein‘The Rates and Taxes’).
i. In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amountiii) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
ii. In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
iii. If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
iv. In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. The Allottee shall not withhold payment of the same on any account whatsoever.
vi. (iv) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
(a) to the discontinuance of services;;
(b) Prevent usage of the common facilities and amenities and/or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future.
(v) The Allottee will not be permitted to use any of the facilities and/or utilities in the Complex in case the Allottee breaches any of the provisions herein till such time the breach continues.
(vi) Promoter or the Association shall become entitled to all rents accruing from such Row house/bungalow if the Row house/bungalow has been let out and/or is under tenancy and/or lease.
(vii) The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Row house/bungalow or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law.
(iv) In the event of sale and transfer of the Row house/bungalow the Promoter or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon.
(a) Under Clause 12 above and to be read in continuation thereto under (A) sub-clauses (ii), (iii) and (iv) and (B) added:
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (Aa) As and when any plant pla nt and machinery, including but not limited to, dg DG sets, electric sub-stationssub -stations, pumps, firefighting equipment or any other plant, machinery and/or and/ or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of row house/ bungalow acquirers in the Complex project on pro- rata pro -rata basis as specified by the association. the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions a dditions etc. including its timings or cost thereof and the allottee agrees to abide by the samesame .
(Bb) The Municipal tax cess After deemed taking over possession and/ or after handing over maintenance of the Project / Phase to the association, all municipal taxes and charges, Rent from date other outgoi ngs including maintenance charges payable in respect of CC the Row house/ bungalow shall become payable be paid borne and discharged by the Allottee immediately on possession or deemed possessionAllottee. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(Ci) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually punctua lly the proportionate share of maintenance charges;
(Dii) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne regularly and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to punctually make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable proportionate share of rates and taxes and other outgoings (hereinafter referred to as per the terms stated herein‘ The Rates and Taxes’).
i. In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amountiii) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
ii. In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
iii. If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
iv. In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. The Allottee shall not withhold payment payme nt of the same on any account whatsoever.
vi. (iv) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue ▇▇▇▇▇ nue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
(a) to the discontinuance of services;;
(b) Prevent usage of the common facilities and amenities and/ or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future .
(v) The Allottee will not be permitted to use any of the facilities and/ or utilities in the Complex in case the Allottee breaches any of the provisions herein till such time the breach continues.
(vi) Promoter or the A ssociation shall become entitled to all rents accruing from such Row house/ bungalow if the Row house/ bungalow has been let out and/ or is under tenancy and/ or lease.
(vii) The Allottee shall not sell, transfer, alienate, assign, and/ or encumber nor cr eate any interest of third party nor part with possession of the Row house/ bungalow or any part or portion thereof till such time all accounts payable are fully paid and/ or liquidated with interest as agreed upon and such negative covenant will be enforcea ble in law.
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of Service Apartment, acquirers in the Complex project on pro- rata basis as specified by the the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
(B) The Municipal tax cess and charges, Lease Rent from date of CC shall become payable by the Allottee immediately on possession or deemed possession. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:.
(C) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(D) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable as per the terms stated herein.
i. (i) In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amount) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
(ii. ) In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
(iii. ) If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
(iv. ) In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. (v) The Allottee shall not withhold payment of the same on any account whatsoever.
(vi. ) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of Apartment, acquirers in the Complex project on pro- pro-rata basis as specified by the the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
(B) The Municipal tax cess and charges, Lease Rent from date of CC/ Partial CC shall become payable by the Allottee immediately on possession or deemed possession. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:.
(C) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(D) Till such time Units are separately assessed, Property Tax as determined from time to time ,time, based on estimate shall be borne and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable as per the terms stated herein.
i. (i) In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amount) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
(ii. ) In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities Authorities, the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
(iii. ) If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
(iv. ) In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. (v) The Allottee shall not withhold payment of the same on any account whatsoever.
(vi. ) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented consented.
(a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from supply of garbage bags and collection of the same.
(e) to be restricted from Power back-up facility;
(f) to be restricted from Electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Flat Leave & License or Tenancy;
(h) to be revented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to Restrictions on entry to servants.
(k) to be prevented from usage of the lift and prevent usage of the common facilities and amenities and/or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future.
(vii) The Allottee will not be permitted to use any of the facilities and/or utilities in the Complex in case the Allottee breaches any of the provisions herein till such time the breach continues.
(viii) Promoter or the Association shall become entitled to all rents accruing from such Apartment, if the Apartment, has been let out and/or is under tenancy and/or lease.
(ix) The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment, or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law.
(x) Any sale/transfer of the Unit after this time shall require written approval from the Apex body(and till such time that the Apex body is formed,the Promoter ) and payment of administrative charges as communicated by the Promoter or Apex body (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines bye laws and/or objectives of the Organization Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Apex body is formed, the Promoter), shall not be valid and not binding on the Organisation and/or the Company, as the case may be.
(xi) In the event of sale and transfer of the Apartment, the Promoter or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. Entry to new Unit will be withheld if the realizations continue to remain in arrears. During subsistence of arrears transfer or assignment of the Unit will also be restricted and will be treated as illegal and void transfer..
Appears in 1 contract
Sources: Sale Agreement
ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of apartment acquirers in the Complex project on pro- pro-rata basis as specified by the association. the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
(B) The Municipal tax cess After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and charges, Rent from date other outgoings including maintenance charges payable in respect of CC the Apartment shall become payable be paid borne and discharged by the Allottee immediately on possession or deemed possessionAllottee. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(Ci) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(Dii) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne regularly and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to punctually make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable proportionate share of rates and taxes and other outgoings (hereinafter referred to as per the terms stated herein‘The Rates and Taxes’).
i. In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amountiii) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
ii. In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
iii. If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
iv. In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. The Allottee shall not withhold payment of the same on any account whatsoever.
vi. (iv) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
(a) to the discontinuance of services;;
(b) Prevent usage of the lift and prevent usage of the common facilities and amenities and/or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future.
(v) The Allottee will not be permitted to use any of the facilities and/or utilities in the Complex in case the Allottee breaches any of the provisions herein till such time the breach continues.
(vi) Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
(vii) The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law.
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of Row House / Bungalow, acquirers in the Complex project on pro- pro-rata basis as specified by the the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
(B) The Municipal tax cess and charges, Lease Rent from date of CC/ Partial CC shall become payable by the Allottee immediately on possession or deemed possession. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:.
(C) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(D) Till such time Units Row House / Bungalow are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable as per the terms stated herein.
i. (i) In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amount) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
(ii. ) In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
(iii. ) If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
(iv. ) In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. (v) The Allottee shall not withhold payment of the same on any account whatsoever.
(vi. ) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
(a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from supply of garbage bags and collection of the same.
(e) to be restricted from Power back-up facility;
(f) to be restricted from Electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Row House / Bungalow Leave & License or Tenancy;
(h) to be revented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to Restrictions on entry to servants.
(k) to be prevented from usage of the common facilities and amenities and/or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future.
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (A) As and when any plant pl ant and machinery, including but not limited to, dg sets, electric sub-stationssub -stations, pumps, firefighting equipment or any other plant, machinery and/or and/ or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of apartment acquirers in the Complex project on pro- rata pro -rata basis as specified by the association. the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the samesame .
(B) The Municipal tax cess and charges, Rent charges from date of CC shall become payable by the Allottee immediately on possession or deemed possessionpossession . From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:the
(Ci) From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(Dii) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne regularly and paid by the Allottee. The said amount shall be paid by the Purchaser within 7(seven) days from demand based on the estimate provided by the Promoter. The Allottee undertakes to punctually make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable proportionate share of rates and taxes and other outgoings (hereinafter referred to as per the terms stated herein‘ The Rates and Taxes’).
i. In the event of any shortfall between the amount deposited by the Allottee and the actual amount (shortfall amountiii) the Promoter/Facility Manager shall inform the Allottee and the Allottee shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Allottees.
ii. In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
iii. If Property Tax demand comes directly in the name of the Allottee, the amount paid by the Allottee shall be refunded to the Allottee within 15(fifteen) days of the Promoter being informed by the Allottee that such demand has been raised.
iv. In the event Association/Apex body is formed but there is /are unsold units that are not sold by the Promoter , in that event till such time those units are sold the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. The Allottee shall not withhold payment of the same on any account whatsoever.
vi. (iv) In the event of any default in payment of the Maintenance Charges the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented .
(a) to the discontinuance of services;
(b) Restricted from enjoyment of club facilities;
(c) Restricted from use of transport facility i.e Bus and winger facility;
(d) Restricted from supply of garbage bags and collection of the same.
(e) Restricted from Power back -up facility;
(f) Restricted from Electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) Prevented from giving his Flat Leave & License or Tenancy;
(h) Prevented from Booking of Community Hall/ Banquet Hall;
(i) Restricted from being a Committee member;
(j) Restricted entry to servants.
(k) Prevent usage of the lift and prevent usage of the common facilities and amenities and/ or by Allottee and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Allottee assuring not to make such defaults in future.
(v) The Allottee will not be permitted to use any of the facilities and/ or utilities in the Complex in case the A llottee breaches any of the provisions herein till such time the breach continues.
(vi) Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/ or is under tenancy and/ or leas e.
(vii) The Allottee shall not sell, transfer, alienate, assign, and/ or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/ o r liquidated with interest as agreed upon and such negative covenant will be enforceable in law.
(viii) In the event of sale and transfer of the Apartment the Promoter or the Association as the case may be, will have first charge and/ or lien over th e sale proceeds for the purpose of realization and/ or recovery of arrears together with interest accrued and due thereon.
Appears in 1 contract
Sources: Agreement for Sale
ADDITIONS OR REPLACEMENTS. (A) As and when any plant and machinery, including but not limited to, dg sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the Unit owners of Apartment, acquirers in the Complex project on pro- pro-rata basis as specified by the the promoter and upon completion the association and handing over to Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee Sub-Lessee/Allottee/Purchaser agrees to abide by the same.
(B) The Municipal tax cess and charges, Lease Rent from date of CC shall become payable by the Sub-Lessee/Allottee immediately on possession or deemed possession. From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:.
(C) From the end of 3 (three) months from the notice of possession the Sub- Lessee/Allottee shall be liable and pay regularly and punctually the proportionate share of maintenance charges;
(D) Till such time Units are separately assessed, Property Tax as determined from time to time ,based on estimate shall be borne and paid by the Sub-Lessee/Allottee/Purchaser. The said amount shall be paid by the Sub- Lessee/Allottee/Purchaser within 7(seven) days from demand based on the estimate provided by the Sub-Lessor/Promoter. The Allottee undertakes to make payment of the estimated Property Tax for the first 24(twenty four) months or till separately assessed simultaneously with the CAM Charges becoming payable as per the terms stated herein.
i. (i) In the event of any shortfall between the amount deposited by the Allottee Sub-Lessee/Allottee/Purchaser and the actual amount (shortfall amount) the Promoter/Facility Manager shall inform the Allottee Sub- Lessee/Allottee/Purchaser and the Allottee Sub- Lessee/Allottee/Purchaser shall be liable to pay the same within 7(seven) days of receipt of intimation from the Promoter/Facility Manager failing which the Sub-Lessee/Allottee shall be liable to pay interest as levied by the local Authorities together with late payment charges alongwith such part of the shortfall amount remaining unpaid. The Promoter shall not be responsible for such penalty/delay/action on account of shortfall amount and the same shall be entirely on account of Sub-Lessee/Allottees.
(ii. ) In case there is any surplus amount collected vis-à-vis the demand raised by the Authorities , the same shall be handed over to the Apex body at the time of handover of the common purposes to the Apex body.
(iii. ) If Property Tax demand comes directly in the name of the Sub- Lessee/Allottee/Purchaser, the amount paid by the Allottee Sub- Lessee/Allottee/Purchaser shall be refunded to the Allottee Sub- Lessee/Allottee/Purchaser within 15(fifteen) days of the Sub- Lessor/Promoter being informed by the Allottee Sub- Lessee/Allottee/Purchaser that such demand has been raised.
(iv. ) In the event Association/Apex body is formed but there is /are unsold units that are not sold leased out by the Promoter , in that event till such time those units are sold leased out the Property tax for these unsold units shall be payable by the Promoter as charged by the Competent Authority .
v. (v) The Allottee Sub-Lessee/Allottee/Purchaser shall not withhold payment of the same on any account whatsoever.
(vi. ) In the event of any default in payment of the Maintenance Charges the Allottee Sub-Lessee/Allottee/Purchaser shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee Sub-Lessee/Allottee/Purchaser shall be deemed to have consented .
(a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from supply of garbage bags and collection of the same.
(e) to be restricted from Power back-up facility;
(f) to be restricted from Electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Flat Leave & License or Tenancy;
(h) to be revented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to Restrictions on entry to servants.
(k) to be prevented from usage of the lift and prevent usage of the common facilities and amenities and/or by Sub-Lessee/Allottee /Purchaser and all persons claiming through him and the said services shall be restored only upon payment of all the amounts due with interest thereon as aforesaid and the Sub- Lessee/Allottee/Purchaser assuring not to make such defaults in future.
(vii) The Sub-Lessee/Allottee/Purchaser will not be permitted to use any of the facilities and/or utilities in the Complex in case the Sub-Lessee/Allottee/Purchaser breaches any of the provisions herein till such time the breach continues.
(viii) Sub-Lessor/Promoter or the Association shall become entitled to all rents accruing from such Apartment, if the Apartment, has been let out and/or is under tenancy and/or lease.
(ix) The Sub-Lessee/Allottee/Purchaser shall not lease out, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment, or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law.
(x) Any Lease/transfer of the Unit after this time shall require written approval from the Apex body(and till such time that the Apex body is formed, the Sub-Lessor/Promoter ) and payment of administrative charges as communicated by the Sub- Lessor/Promoter or Apex body (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines bye laws and/or objectives set out in the Principal Lease. Any document for transfer/lease etc. which is entered into by the Sub-Lessee/Allottee/Purchaser (s) with any prospective transferee, without obtaining written approval of the Sub-Lessor/Promoter), shall not be valid.
(xi) In the event of Lease and transfer of the Apartment, the Sub- Lessor/Promoter will have first charge and/or lien over the Lease proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. Entry to new Unit will be withheld if the realizations continue to remain in arrears. During subsistence of arrears transfer or assignment of the Unit will also be restricted and will be treated as illegal and void transfer.
Appears in 1 contract
Sources: Sub Lease Agreement