Covenants of the Purchaser. 1.3.1 The Purchaser agrees, undertakes and covenants to: (a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ; (b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance; (c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults of the Purchaser; (d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard; (e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore; (f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter; (g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units; (h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed; (i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19; (j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D; (k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter; (l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance; (m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and (n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance. 1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law. 1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability. 1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.
Appears in 2 contracts
Sources: Deed of Conveyance, Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including and not to commit breach of or do any act contrary to any of the terms, covenants and conditions stated therein or herein and it is further agreed by and between the parties that in particular in Clause the event of any conflict between the Agreement to Sale and this Deed of Conveyance, Clause the terms of this Deed of Conveyance shall prevail;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/ Promoter and/or their respective successor and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) It has been agreed by the parties that the Association (s) of all the allottees of both the Towers in the Project shall be formed as and when the Project is completed in its entirety shall own in common all common areas, amenities and facilities of the Project together with all easements, rights and appurtenances belonging thereto. The Allottee acknowledges that both the Towers shall form the project and shall share all amenities, facilities, common areas and common portion in common with each of the Allottees/Unit Holders of each Tower and there shall be no bar or restriction in the use of amenities, facilities, common areas and common portions in any of the Towers. The Allottes shall pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/ Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 3.1. The Purchaser agrees, undertakes and covenants to:
(a) to perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;as also
(b) to pay wholly in respect of the said Apartment Unit all outgoings such as maintenance charge and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges property taxes and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, including but not limited to Panchayet taxesto, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under and any statuteother tax, rule duty, levy or regulation, etc. charge (Rates & Taxes) as also all enhancements and/or new impositions that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or or maintenance of the said Apartment Unit and/or relating to the Agreement for Sale and/or this Deed of Conveyance without raising any objection thereto(proportionately for the Said Land and/or the Said Wing and wholly for the Said Apartment Unit), within 7 on the basis of the bills to be raised by the Vendor/Facility Manager/Association (seven) days upon formation)/ Kolkata Municipal Corporation, such bills being conclusive proof of demand being made the liability of the Purchaser in respect thereof. The Purchaser further admits and accepts that the Vendors Purchaser shall not be liable for claim any deduction or abatement in the same under any circumstance;aforesaid bills
(c) to regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Apartment Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors Vendor regarding the construction and/or the completion title of the Buildings and/or Vendor to the said Apartment Unit or regarding Land, the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;……………. and other approvals
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;
(he) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get open land at the said Apartment Unit mutated Wing/said Land or in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation open or covered areas of the said Apartment Unit Wing/said Land which is not meant to be a common area or portion as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and Vendor or in any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed Parking Spaces (whether covered or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms open) other than that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.mentioned in
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents)and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. electricity charges and the Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance shall be paid without raising any objection thereto, within 7 15 (sevenfifteen) days of demand being made and the Vendors Owner and the Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not to claim any right or interest whatsoever in respect of Commercial or Heritage area nor for deduction granted for payment of maintenance charges and common expenses @ 75% of the rate applicable to the other residential Owners of New Building and agree never object the same or raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;dispute.
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(ki) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafterCorporation;
(lj) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;; and
(mk) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owner/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement of Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) The Purchaser shall pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Owner shall not be liable for the same under any circumstancecircumstances;
(c) regularly Regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not Not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not Not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto Schedule G (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not Not object and/or cause any inconvenience, hindrance, objection or disturbance to the user User of the Common Areas (mentioned in Schedule-DSchedule- F) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(g) Comply with and honour the House rules mentioned in Schedule-H;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get Get the said Apartment Unit mutated in his his/her/their name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay Pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the e liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay Pay all future betterment/development charges charges, etc. relating to the said Apartment Unit and/or the Said Property; andCommon Areas.
(n) compensate any income tax liability that may become payable 4.2 It has been agreed by the Vendors due to there being any difference between parties that the market valuation Association(s) of all the Purchasers of the said Apartment Unit Project shall be formed as per and when the registration authorities Project is completed in its entirety and the Agreed Considerationassociation shall own all common areas, amenities and facilities of the Project together with all easements, rights and appurtenances belonging thereto. The Purchaser acknowledges that all blocks shall form the project and shall share all amenities, facilities, common areas and common portion in common with each of the Purchasers/Total Price paid Unit Holders of each Block and there shall be no bar or restriction in the use of amenities, facilities, common areas and common portions in any of the Blocks.
4.3 The common areas of Project as detailed in Schedule “F” will be made available to the Purchaser and for the enjoyment and maintenance of the common areas and facilities of the Project, the Purchaser shall be liable to remit per month the proportionate Maintenance Charges of such area and facilities which are been made available to the Purchaser and such Maintenance Charges shall be as may be fixed by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceOwner.
1.3.2 4.4 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/their obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of their Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owner and/or their respective successors and/or successors save harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1. The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or and/ or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Owner/Seller shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto Part IV of Schedule-_ (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2. The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owner/Seller and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matteras it has already been conveyed that the quantum of Common Expenses for the Commercial Area, shall be as decided by the Developer;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Commercial Area Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;Part I
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Apartment Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / Unit Owners/ tenants/ occupants of other UnitsApartment Owners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or their respective successors and/or successors saved harmless and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 The Upon Closing, the Purchaser agrees, undertakes and covenants toshall:
(a) performEmployees of the Vendor - offer employment to all employees of the Vendor that are employed immediately prior to the Closing Date (the “Employees”) on terms and conditions no less favourable than the terms and conditions of which the employees of the Vendor are employed immediately prior to the Closing Date, observe and comply with indemnify and hold the Vendor harmless from and against any and all claims and liabilities related to the termsEmployees, conditionshowsoever arising, restrictionsincluding without limitation, stipulationsany and all liabilities for any claims made by the Employees after Closing for, obligations and covenants mentioned or related to termination pay, severance, pay in this Deed including in particular in Clause lieu of notice of termination, Clause vacation or holiday pay, income tax on amounts paid, any other employee entitlements or claims, or any other amounts required to be paid by the laws of the Province of Alberta or the laws of Canada which may have accrued after Closing, or which may arise as a result of the transactions contemplated hereunder;
(b) pay wholly Conformity with Architectural Standard - maintain the structure, design and components of any and all buildings or structures included in respect of the said Apartment Unit and proportionately Utility Assets, including any renovations thereon or additions thereto (collectively, the “Buildings”) in respect of the Said Property and conformity with any architectural standards imposed by one or more restrictive covenants respecting the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for Water Meters - at its own cost, install water meters at the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults dwellings of each of the PurchaserResidents as of the Closing Date, and maintain and repair the water meters as part of the provision of the Utility Services;
(d) not Rates for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning Utility Services - charge the completion Residents the same rate for the provision of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, Utility Services as is charged by the Purchaser shall be responsible and liable to other residents of Foothills County (the “County”) for all losses and damages which the Vendors may suffer in this regardsubstantially similar utility services;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion Future Capital Expenditures - in its provision of the Buildings and/or Utility Services, proportionately allocate capital expenditures among the said Apartment Unit or regarding Utility Assets and any other assets owned by the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area Purchaser which serve other residents of the said Apartment Unit and/or regarding any of County (“Other Utility Assets”), such that all such capital expenditures are applied in an equal manner between the matters/items mentioned in Clause hereinbeforeUtility Assets and the Other Utility Assets;
(f) not question the quantum or apportionment Water Softening Practice - in its provision of the Common Expenses mentioned Utility Services, continue using potassium chloride to soften potable water in Schedule-D hereto (Common Expenses) or the basis thereof or any other mattersame manner as currently conducted by the Vendor, until such time as the Parties mutually agree in writing to cease such practice;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user Irrigation Water Supply (Raven 7 Pond) - in its provision of the Common Areas (mentioned Utility Services, supply irrigation water to that body of water called “Raven 7 Pond” as shown in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;Schedule “C” attached hereto; and
(h) not claim Compliance with AEP and DFO Requirements - conform to and abide by any right over and/or in respect and all rules, requirements and regulations issued by Alberta Environment and Parks and the Department of the roof of the Buildings other than the Common Roof Area Fisheries and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits Oceans Canada that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that or may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liabilityUtility Services.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.
Appears in 1 contract
Sources: Memorandum of Understanding
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 15 (sevenfifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;in
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed outgoings whether local state or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs central which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes may become payable in respect of his/her/it Apartment for the said Apartment Unit period commencing from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings as stipulated and expenses etc. shall be paid by liable to make payment as and when the Purchaser with effect same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Developer and/or their respective successors and/or successors saved ▇▇▇▇▇▇▇▇ and fully indemnified from the date of grant of the Occupancy/Completion Certificate provided that electricity and against all costs charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishingactions suits and proceeding including litigation cost.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) or the basis thereof or any other matter;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-D) by the Vendors / Unit Owners/ tenants/ occupants of other Units;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.Certificate
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 4.1 The Purchaser agrees, undertakes and covenants to:
(a) perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in the Agreement to Sale (as if they were incorporated in these presents) and in this Deed including in particular in Clause and not to commit breach of or do any act contrary to any of the terms, Clause covenants and conditions stated therein or herein;
(b) pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property and the BuildingsCommon Areas, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, including Service Tax and/or GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etcelectricity charges. Common Expenses and Maintenance Charges that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven15(fifteen) days of demand being made and the Vendors Promoter shall not be liable for the same under any circumstance;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Units Unit Owners are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit unit or portion of apartment in the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardProject;
(e) not raise any objection or make any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbefore;
(f) not question the quantum or apportionment of the Common Expenses mentioned in Part IV of Schedule-D hereto H (Common Expenses) or the basis thereof or any other matterthereof;
(gf) not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DG) by the Vendors / other Unit Owners/ tenants/ occupants of other UnitsOwners;
(h) not claim any right over and/or in respect of the roof of the Buildings other than the Common Roof Area and that too only to the extent and subject to the conditions mentioned in this Deed;
(i) not raise any objection or claim against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(jg) comply with and honour the mutual easements easements, common rules and restrictions mentioned in Schedule-DI;
(kh) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;Corporation/Municipality; and
(li) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;.
(mj) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of ConveyanceCommon Areas.
1.3.2 4.2 The Purchaser agrees covenants and undertakes hereby acknowledges that it is his/her/its obligation to make payment of all his dues under this Deed rates, taxes and outgoings whether local state or central which may become payable in respect of his/her/it Apartment for the period commencing from as stipulated and shall be liable to comply with make payment as and when the same becomes due and payable without raising any objection whatsoever or howsoever and in any event agrees to keep the Owners/Promoter and/or perform their respective successors and/or successors saved harmless and fully indemnified from and against all costs charges actions suits and proceeding including litigation cost.
4.3 The Purchaser acknowledge that the covenants, undertakings Complex is being constructed over the said Premises and obligations required to be complied with and/or performed on the Separated Area and the Excluded Area do not form part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 said Premises. The Purchaser has entered into further acknowledges that pursuant to discussions, the Agreement Owners and is executing this Deed ▇▇▇▇▇▇ ▇▇▇▇ Constructions Limited have agreed to grant a right of Conveyance access / passageway for purchase the said Complex through the Excluded Area and the Separated Area subject to the conditions that (a) the Owners and ▇▇▇▇▇▇ ▇▇▇▇ Constructions Limited will be permitted to undertake construction on the said Separated Area and the Excluded Area respectively at present not forming part of the said Apartment Unit Premises and (b) the Owners and ▇▇▇▇▇▇ ▇▇▇▇ Constructions Limited will, subject to necessary sanctions, be permitted to amalgamate the land comprising the Separated and the Excluded Area with full knowledge the said Premises as part of all laws, rules and regulations, notifications, etc. applicable to the ProjectComplex. The Purchaser acknowledge and has provided its consent / no- objection to such conditions and further agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are provide its consent if so required by any competent authority at his own costsGovernmental Authority to effectuate the amalgamation. The Purchaser declares further acknowledges and confirms agrees that all payments made by him under in the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if event that the Purchaser is resident outside Indiaunwilling to grant their consent to the amalgamation of the Excluded and the Separated Area with the said Premises, the Foreign Exchange Management Act, 1999said Premises, the Reserve Bank of India ActOwners and ▇▇▇▇▇▇ ▇▇▇▇ Constructions Limited, 1934 whilst exercising their rights in and over the said Excluded Area and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser Separated Area shall be solely liable in permitted to withdraw the event right of any failure or noncompliance access/passageway granted over their respective landsand shall further be entitled to undertake such construction on the Excluded and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed Separated Area as electrical connection may be used for Internal Flat Finishingpermissible under applicable laws.
Appears in 1 contract
Sources: Deed of Conveyance
Covenants of the Purchaser. 1.3.1 a. The Purchaser agrees, undertakes and covenants to:
(a) i. to perform, observe and comply with all the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause ;including.
(b) ii. to pay wholly in respect of the said Apartment Unit and proportionately in respect of the Said Property Premises and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, including but not limited to Panchayet taxesto, municipal tax, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under and any statuteother tax, rule duty, levy or regulationcharge from the Date of Possession or from the Date of Commencement of Liabilities, etc. whichever is earlier as also all enhancements and/or new impositions that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, thereto within 7 15 (sevenfifteen) days of demand being made and the Vendors shall not be liable for the same under any circumstance;
(c) iii. to regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained in the said Apartment Unit and ensure that those to the other Apartment Units are not adversely affected by any acts or defaults of the Purchaser;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating to or concerning the completion of the Buildings and/or the transfer, sale or disposal of any other Unit or portion of the Buildingsiv. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regard;
(e) not raise any objection or make any claim against the Vendors regarding the title of the Vendors to the Premises, the Plans, the construction and/or the completion of the Buildings and/or the said Apartment Unit or including regarding the already verified calculation of Carpet Areaquality, Built-up Area and/or the mutually agreed Super Built-up Area of the said Apartment Unit and/or specifications, materials being used, structural stability, workmanship or regarding any of the matters/items mentioned in Clause hereinbeforehereinbefore and hereby waives the right, if any, regarding the above;
(f) v. not question the quantum or apportionment of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) SEVENTH SCHEDULE or any other matter or the basis thereof or any other matteras may be decided by the Vendors;
(g) vi. not object and/or cause any inconvenience, hindrance, objection or disturbance to the user of the Common Areas (mentioned in Schedule-DEIGHTH SCHEDULE) by the Vendors / Unit Owners/ tenants/ occupants Vendors/transferees/ tenants of other Unitsconstructed spaces comprised in the Buildings as has been and/or may be specifically permitted to them in writing by the Vendors;
vii. not claim any right over and/or in respect of any open land at the Premises or in any open or covered areas of the Buildings and the Premises which is not meant to be a common area or portion as per the Vendors or in any Parking Spaces (h) whether covered or open).
viii. not claim any right over and/or in respect of the roof roofs of the Buildings other than save and except the right of common use and enjoyment;
ix. not object to the use of the Common Roof Area and that too only Areas (mentioned in T ▇▇▇▇ SCHEDUL) by the other Apartment Owners x. not object to the extent and subject Vendors, its agents and/or assigns having the exclusive right at all times to the conditions mentioned in this Deed;
(i) not raise any objection install or claim set up and/or permit and/or grant rights to outside/third parties against the Vendors or create any hindrance or obstruction in relation to the rights and entitlements payment of the Vendors or any of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19;
(j) comply with and honour the mutual easements and restrictions mentioned in Schedule-D;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancyconsideration/Completion Certificate and take all necessary steps and get the said Apartment Unit mutated in his name and/or separately assessed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed of Conveyance and/or which are the liability of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors for installing and/or setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems within the agreed compensation equivalent to such income tax liability Premises or on such difference at the highest applicable tax rate at roofs of the prevailing time Buildings and any interest and/or penalty in respect thereof no one including the Apartment Owners (including the Purchaser) and such payment the Association shall be made by entitled to object or to hinder the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser same in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed or otherwise in respect of the said Apartment Unit including Maintenance Charges, other impositions, outgoings and expenses etc. shall be paid by the Purchaser with effect from the date of grant of the Occupancy/Completion Certificate provided that electricity charges shall be payable from the date of this Deed as electrical connection may be used for Internal Flat Finishing.manner whatsoever;
Appears in 1 contract
Sources: Conveyance Agreement
Covenants of the Purchaser. 1.3.1 The Purchaser agreesPurchaser/s with an intention to bring all persons into whose hands the said Unit may come, undertakes doth/do hereby represent/s and covenants toassure/s to and undertake/s and covenant/s with the Developer as follows:
(a) performTo maintain the said Unit at the Purchaser’s/Purchasers’ own cost in good and tenantable repair and condition from the date the possession of the said Unit is offered to the Purchaser/s and to not do anything or suffer anything to be done in or to the Proposed Sale Building and to the balconies, observe and comply with all elevation- projections, staircase or any passage, which may be against the termsrules, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in particular in Clause , Clause regulations or bye- laws of the concerned local or any other authority nor to the said Unit itself or any part thereof;
(b) pay wholly in respect Not to enclose the open balcony, flower bed, ducts or any other open area pertaining to the said Unit, whereby any FSI whatsoever is deemed to be consumed and without prejudice thereto not to do any act, deed, matter or thing, whereby any rights of the said Apartment Unit and proportionately Developer are in respect of the Said Property and the Buildings, the Common Expenses, Maintenance Charges, electricity charges and all levies, duties, cess, charges, surcharges, rates, taxes and outgoings including, but not limited to Panchayet taxes, service tax, sales tax, GST, Works Contract Tax, betterment and/or development charges under any statute, rule or regulation, etc. that may be and/or become payable at any time (including enhancements thereto and/or new imposition) in accordance with law relating to the construction, transfer, ownership and/or maintenance of the said Apartment Unit and/or relating to the Agreement and/or this Deed of Conveyance without raising any objection thereto, within 7 (seven) days of demand being made and the Vendors shall not be liable for the same under any circumstancemanner whatsoever prejudiced/ adversely affected;
(c) regularly and punctually pay and contribute all costs and expenses for the utilities and facilities provided and/or obtained Not to carry out in or around the said Apartment Unit and ensure that those to any alteration/changes of structural nature without the other Units are not adversely affected by any acts or defaults prior written approval of the PurchaserDeveloper and the Structural Engineers and the RCC Consultants of the Proposed Sale Building;
(d) not for any reason, directly or indirectly, make or cause any obstruction, interruption, hindrance, impediment, interference or objection in any manner relating To ensure that no nuisance/annoyance/ inconvenience is caused to or concerning the completion other occupants of the Buildings and/or the transfer, sale or disposal of Proposed Sale Building by any other Unit or portion act of the Buildings. In default, the Purchaser shall be responsible and liable for all losses and damages which the Vendors may suffer in this regardPurchaser/s;
(e) not raise Not to claim any objection rights including any easements or make other similar rights in to or upon the Proposed Rehab Building or the premises or common areas or amenities therein or the Rehab Portion or the Future Development Plot or any claim against the Vendors regarding the construction and/or the completion of the Buildings and/or the said Apartment Unit other part or regarding the already verified calculation of Carpet Area, Built-up Area and/or the mutually agreed Super Built-up Area portion of the said Apartment Unit and/or regarding any of the matters/items mentioned in Clause hereinbeforeProperty;
(f) not question Not to store in the quantum said Unit any goods which are of hazardous, combustible or apportionment dangerous nature, save and except domestic gas for cooking purposes, or goods which are so heavy so as to damage the construction or structure of the Common Expenses mentioned in Schedule-D hereto (Common Expenses) Proposed Sale Building or storing of which goods is objected to by the basis thereof concerned local or other authority and shall not carry or cause to be carried any heavy packages, showcases, cupboards on the upper floors which may damage or is likely to damage the staircase, common passage or any other matterstructure of the Proposed Sale Building. On account of negligence or default of the Purchaser/s in this behalf, the Purchaser/s shall be personally liable for the consequence of the breach and shall be liable to bear and pay the damages as may be determined by the Developer and the same shall be final and binding upon the Purchaser/s and the Purchaser/s shall not be entitled to question the same;
(g) not object and/or cause any inconvenience, hindrance, objection or disturbance To carry out at his/her/their own cost all the internal repairs to the user of said Unit and maintain the Common Areas (mentioned said Unit in Schedule-D) the same condition, state and order in which it was delivered by the Vendors / Unit Owners/ tenants/ occupants of other UnitsDeveloper to the Purchaser/s (usual wear and tear excepted);
(h) not claim Not to demolish the said Unit or any right over and/or part thereof including inter alia the walls, windows, doors, etc., thereof, nor at any time make or cause to be made any addition or any alteration in respect the elevation and outside colour scheme of the roof Proposed Sale Building and shall keep the portion, sewers, drains, pipes, in the said Unit and appurtenance/s thereto in good, tenantable repair and condition and in particular so as to support, shelter and protect the other parts of the Buildings Proposed Sale Building and shall not chisel or any other than manner damage the columns, beams, walls, slabs or R.C.C. pardis or other structural members in the said Unit or the Proposed Sale Building without the prior written permission of the Developer and/or the Common Roof Area and that too only to Legal Entity or Apex Legal Entity, as the extent and subject to the conditions mentioned in this Deedcase maybe (after formation);
(i) not raise Not to do or permit to be done any objection act, deed, matter or claim against the Vendors thing, which may render void or create void able any hindrance or obstruction in relation to the rights and entitlements insurance of the Vendors Proposed Sale Building or any part thereof or whereby any increase premium shall become payable in respect of them including under Clauses 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.18 and 1.1.19the insurance;
(j) comply with and honour Not to throw dirt, rubbish, rags, garbage or other refuse or permit the mutual easements and restrictions mentioned same to be thrown from the said Unit in Schedule-Dthe compound or on the terrace or on the other premises or any portion of the said Property;
(k) apply for mutation to the concerned Authority within 30 days from the date of grant of Occupancy/Completion Certificate To bear and take all necessary steps pay any increase in local taxes, water charges, insurances and get the said Apartment Unit mutated in his name and/or separately assessed such other levy/ if any which are imposed by the concerned Authority at his own costs within 6 (six) months thereafter;
(l) pay all amounts and deposits that are payable by the Purchaser under the Agreement and/or this Deed local/public authority either on account of Conveyance and/or which are the liability change of the Purchaser under the Agreement and/or this Deed of Conveyance even if the same are demanded and/or become payable subsequent to the execution of this Deed of Conveyance;
(m) pay all future betterment/development charges etc. relating to the said Apartment Unit and/or the Said Property; and
(n) compensate any income tax liability that may become payable by the Vendors due to there being any difference between the market valuation of the said Apartment Unit as per the registration authorities and the Agreed Consideration/Total Price paid by the Purchaser by making payment to the Vendors the agreed compensation equivalent to such income tax liability on such difference at the highest applicable tax rate at the prevailing time and any interest and/or penalty in respect thereof and such payment shall be made by the Purchaser within 15 days of demand by the Vendors and such liability and obligation shall continue even after handing over of possession and/or execution and registration of this Deed of Conveyance.
1.3.2 The Purchaser agrees covenants and undertakes to make payment of all his dues under this Deed and to comply with and/or perform all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Purchaser in pursuance of this Deed or otherwise required by law.
1.3.3 The Purchaser has entered into the Agreement and is executing this Deed of Conveyance for purchase of the said Apartment Unit with full knowledge of all laws, rules and regulations, notifications, etc. applicable to the Project. The Purchaser agrees covenants and undertakes to comply with and carry out from time to time on and from the date of this Deed, all the requirements, requisitions, demands and repairs which are required by any competent authority at his own costs. The Purchaser declares and confirms that all payments made by him under the Agreement and/or this Deed of Conveyance have been made in accordance with all applicable laws including, if the Purchaser is resident outside India, the Foreign Exchange Management Act, 1999, the Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendments/modification(s) made thereof and has filed necessary declarations, documents, permission, approvals, etc. The Purchaser shall be solely liable in the event of any failure or noncompliance and the Vendors shall have no responsibility or liability.
1.3.4 The Purchaser shall pay the taxes in respect of the said Apartment Unit from the date of grant of the Occupancy/Completion Certificate. Other liabilities payable by the Purchaser under this Deed user or otherwise in respect of the said Apartment Unit by the Purchaser/s;
(l) The Purchaser/s shall not be entitled to transfer, assign or part with the interest or any benefit of this Agreement, without the prior written permission of the Developer, until all the dues payable by the Purchaser/s to the Developer hereunder and/or otherwise are fully paid up;
(m) The Purchaser/s shall abide by, observe and perform and comply with all the rules, regulations and bye-laws or charter documents of the Common Legal Entity or Apex Legal Entity, as the case maybe as also the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the Proposed Sale Building and the premises therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and the Government and other public bodies and not commit breach thereof and in the event of the Purchaser/s committing breach thereof and/or any act in contravention of the above provision, the Purchaser/s shall be personally responsible and liable for the consequences thereof to the Common Legal Entity or Apex Legal Entity, as the case maybe and/or the concerned authority and/or other public authority;
(n) The Purchaser/s shall also observe, perform and comply with all the stipulations, terms and conditions laid down by the Common Legal Entity or the Individual legal Entity or Apex Legal Entity, as the case maybe regarding the occupation and use of the said Unit and shall bear and pay and contribute regularly and punctually towards the taxes, expenses or other outgoings as may be required to be paid from time to time. The Purchaser/s shall permit the Developer and its surveyors and agents with or without workmen and others, at all reasonable times, to enter into and upon the said Property/Proposed Sale Building /said Unit and/or any part thereof to view and examine the state and condition thereof, and to carry out the repair or replacements therein for a period of 5 (Five) years from the Purchaser/s being put in possession of the said Unit;
(o) The Purchaser/s undertake/s not to enclose any passage/s, lobby or other common areas in the Proposed Sale Building in any manner whatsoever;
(p) The Developer shall provide to the Purchaser/s the water connection in respect to said Unit. The Developer shall not be held liable or responsible in any respects whatsoever if the concerned authorities are unable to provide the water supply to the said Unit;
(q) The Purchaser/s is/are also aware that the Developer has paid to SRA and other concerned authorities various premiums towards construction of the staircase, lift lobby, passages, and other areas free of FSI and the Purchaser/s shall not raise any objection with regard thereto;
(r) The Purchaser/s is/are aware and hereby expressly agrees that the Developer will be developing the said Property and will be constructing buildings thereon in the manner as the Developer may deem fit and proper. The Purchaser/s shall not take any objection to such construction/development either on the ground of nuisance, annoyance and/or any other grounds of any nature whatsoever and/or shall not cause any impediment to the full, free and uninterrupted development of the said Property by creating hindrances or filing any complaints or legal proceedings before any authorities seeking the stalling of such development/construction. The Purchaser/s shall not directly or indirectly do anything to prevent the Developer or any of their nominee/s or transferees from developing and/or carrying out construction of new buildings on any part of the said Property.
(s) As may be required by the Reliance Infrastructure Limited or Tata Power Company Limited or Maharashtra State Electricity Board or any other authorized electricity providers, a substation room may be provided to such electricity provider in any part of the layout of the said Property for supplying electricity to the building/s on the said Property and/or any part thereof and/or to the buildings constructed in the vicinity of the said Property; and the Purchaser/s hereby grant his/her/their irrevocable consent to the Developer for the same. The Developer may be required to and if so required, the Developer shall make the requisite applications to the land owning authority to execute a deed of lease/sub-lease/conveyance in favour of any concerned electricity provider for such area on which the substation room is to be provided as may be required. The Purchaser/s shall not raise any objection and/or obstruction towards the putting up and construction of the electric substation and its structures and allied constructions, room/s, pipes and boxes, electrical meters, cables, connections and other matters in this connection and shall extend all co-operation and assistance as may, from time to time, be necessary in this respect as per the rules and requirements of the electricity provider. The Proposed Transfer shall be subject to such lease/sub-lease/conveyance as may be executed in favour of such electricity provider.
(t) The Purchaser/s is/are aware of various concessions, approvals granted to the Developer at the time of construction of the Proposed Sale Building including Maintenance Chargesthe condoning of open space deficiencies in the course of construction of the Proposed Sale Building and the Purchaser/s undertake/s not to raise any objection in respect of the open space deficiency and shall also not raise any objection in respect to the construction and/or development activities carried on in the adjoining plots; and
(u) The Purchaser/s has/have also read and understood the terms and conditions and the obligations as prescribed in the various approvals and sanctions obtained by the Developer and the undertakings given by the Developer to the SRA and other concerned authorities that some of such conditions and/or obligations shall require compliance in continuity even after the development and construction of the Proposed Sale Building is completed and after the management of the Proposed Sale Building is handed over to Common Legal Entity or the Individual legal Entity or Apex Legal Entity, as the case maybe and the Purchaser/s has/have agreed to abide by and comply with such continuing conditions and obligations.
(v) The Purchaser/s is/are aware that the Developer intends to provide superior quality of services and facilities for the purchasers of the Proposed Sale Building and for such purpose, the Developer may appoint a professional Facility Management Company (hereinafter referred to as “the FMC”) for the maintenance of the Proposed Sale Building and the common areas and amenities in the Sale Portion. The Purchaser/s along with the other impositionspurchaser/s of the premises in the Proposed Sale Building and other structures on the Sale Portion shall be entitled to avail of the services to be provided or arranged by or through the FMC at a cost or charges that may be fixed between the Developer and the FMC. All common costs, outgoings charges and expenses etc. that may be claimed by the FMC shall be paid to the account of and borne by the Purchaser with effect from the date of grant purchasers/holders of the Occupancy/Completion Certificate provided that electricity charges premises in the Proposed Sale Building. These common costs shall be payable shared by all such purchaser/s on pro-rata basis determined by the Developer, which determination shall be binding on the Purchaser/s;
(w) The Purchaser/s agrees and undertakes to cause the Common Legal Entity or the Individual legal Entity or Apex Legal Entity, as the case maybe to be bound by the rules and regulations that may be framed by the FMC from time to time. The Purchaser/s along with the date other Purchaser/s in the Proposed Sale Building shall undertake and cause the Common Legal Entity or the Individual legal Entity or Apex Legal Entity, as the case maybe to ratify the appointment of this Deed the FMC as electrical aforesaid;
(x) The Purchaser/s is/are aware that the Developer is not in the business of or providing services proposed to be provided by the FMC or through the FMC. The Developer does not warrant or guarantee the use, performance or otherwise of these services provided by the FMC. The Parties hereto agree that the Developer is not and shall not be responsible or liable in connection may with any defect or the performance/non-performance or otherwise of these services provided by the FMC.
(y) The Purchaser/s also undertake that they will not misuse any pocket terrace/ part terrace/Chajja / Electric meter room/service floor/refuge area proposed in the Proposed Sale Building and further undertake that they shall not misuse Refuge Area, Basement, Podium, society/common office, entrance lobby, Service Floor, Stilt, Elevation/ Ornamental projection, niche portion, parking areas, part stilt of the Proposed Sale Building in future. The Purchaser/s agrees and undertakes that the refuge areas shall not be allowed to be used for Internal Flat Finishingany other purpose and it shall be the responsibility of the owner/occupier to maintain the same clean and free of encumbrances and encroachments.
(z) The Purchaser/s shall comply with and adhere to the conditions imposed/may be imposed by the Chief Fire Officers’ office from time to time in its NOCs.
(aa) The Purchaser/s have been informed and are aware of the fact that the Proposed Sale Building may have multiple restaurants (vegetarian and/or non-vegetarian), rest-o-bar, cafes including those serving alcohol and operating 24 hours and on all days, on such floors as the Developer shall deem fit, for which the Purchaser/s shall have no objection. Any such restaurants, eateries and bars as mentioned herein, may have attached exclusive terrace for its use (for which terrace the Developer has/may have paid premium to the concerned authority) and it is hereby recorded that the occupant/owner thereof shall be solely entitled to use such terrace in the manner they deem fit and as may be permitted by law.
(bb) The Purchaser/s is aware that there may be exclusive elevators/lifts in the Proposed Sale Building meant for the exclusive use of the visitors of certain occupants/owners of certain units in the Proposed Sale Building as may be designated by the Developer, for which the Purchaser/s shall have no objection.
(cc) The Purchaser/s has been informed and is aware that the current permissible height of the Proposed Building may be completely used and exhausted and hence there may not be any wireless, antennas, towers, etc., possible on the top of the Proposed Sale Building. The Purchaser/s has been informed and is aware that the existing ground floor lobby height as per approved plan may be amended for which the Purchaser/s hereby gives its specific no objection, consent and approval to the Developer to amend the approved plans accordingly.
(dd) The Purchaser/s agrees and acknowledges that the sample unit as may be constructed by the Developer and all furniture’s, items, electronic goods, amenities etc. that may be provided thereon are only for the purpose of show casing the unit and the Developer shall not liable / required to provide any furniture, items, electronic goods, amenities, etc. as displayed in the sample unit, other than as expressly agreed by the Developer under this Agreement.
(ee) The Purchaser/s is aware that in order to ensure safety of the workmen and the Purchaser/s, the Purchaser/s shall not be allowed to visit the site during the time that the Proposed Sale Building is under construction. The Purchaser/s shall be given the opportunity for inspecting the Unit only after making payment of the entire Purchase Price.
(ff) The Purchaser/s hereby consents, agrees and acknowledges and is aware that the Developer may divide, sub-divide, break and/or merge the unit(s) of any floor in the Proposed Sale Building based on its customer or client requirements and in the manner the Developer deems fit.
(gg) The Purchaser/s has been informed and hereby consents, agrees and acknowledges that in the event a full floor of the Proposed Sale Building is transferred/sold by the Developer to any party, such party shall b
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Sources: Agreement for Sale