Common use of MAINTENANCE OF THE PROJECT Clause in Contracts

MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association and its becoming operationalization for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

MAINTENANCE OF THE PROJECT. 11.1 The Promoter agrees that on receiving occupancy certificate of the Project and within such timeframe as prescribed in the Act, the Promoter shall take necessary steps for formation of an association of apartment owners of the Project (“Association”). Upon formation of the Association and its taking charge of the acts relating to the Common Purposes all the rights and obligations with regard to the Common Purposes shall be and/or stand transferred by the Promoter and/or its nominee to the Association. All references to the Promoter herein with regard to the Common Purposes shall thenceforth be deemed to be reference to the Association. The Promoter shall be responsible to provide and maintain essential services in the Project upon till the issuance taking over of the completion certificate maintenance of the Project till project by the association of the allottees. The Allottee shall pay to the Promoter the cost of such maintenance from the date of execution of this deed or if the allottee fails to take possession, he shall be liable to pay maintenance charges in respect of the Said Apartment And Appurtenances from the deemed date of possession. Within 3 (three) months of the date of formation of the Association the Promoter shall transfer the Common Areas to such Association and its becoming operationalization for the acts relating Promoter shall handover the responsibility of maintenance of the Common Areas to the Association and the Association shall take over the control, management and administration of Common PurposesAreas. The cost Deposits, Sinking Fund/ Maintenance Deposit etc. if any paid/deposited by the allottees of such maintenance for a period of 12 months has been included the Project (including the Allottee herein) to the Promoter as envisaged in the Total Price as mentioned in clause 1.2.2 Said Sale Agreement, shall also be transferred by the Promoter to the said Association after adjustment of this agreementall dues of the allottees of the Project (if any). In case the formation and operationalization of the Association is delayed for no fault on the part of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Said Apartment as mentioned in Part-I of the Sixth Schedule hereunder writtenAnd Appurtenances. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 2 contracts

Sources: Agreement for Sale, Sale Agreement

MAINTENANCE OF THE PROJECT. 11.1 The Developer/Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Apartment Acquirers /Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months on the basis of costs charges and expenses involved and applicable in the month of for providing and maintaining essential services has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the PromoterDevelopers/Promoters, the Developer/Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees Allottees/ Apartment Acquirers shall be liable to pay to the Developer/Promoter or the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Apartment Acquirers/Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Developer/Promoter to appoint a Facility Management Agency, . 11.3 The Allottee acknowledges that the Developer/Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Developer/Promoter in its absolute discretion may deem fit and proper who upon being so appointed shall be and remain responsible for maintaining the essential services subject to payment of the charges to the Developer/Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Sale Agreement

MAINTENANCE OF THE PROJECT. 11.1 The Allottee understands and agrees that the Promoter may form a single association of allottee/s ("Association") for the Project. The Common Area and Facilities within the Project shall be transferred to the Association/authorities, as the case may be by the Promoter in accordance with Applicable laws. The Allottee shall also from time to time, be required by the Promoter or the Association, to sign and execute the application for membership of the Association and other papers, instruments and documents in this regard. The Allottee shall on demand pay to the Promoter legal cost, charges and expenses. including professional costs of advocates of the Promoter in connection with formation of the Association and for preparing its rules, regulations, bye-laws, etc. and the proportionate stamp duty, registration charges and other cost towards preparing, executing and registering conveyance/sale deed with respect to transfer of the common areas in the Project in favour of the Association. On the formation of Association, rights of the Allottee to the Common Areas and Facilities shall be regulated by the bye laws and other rules and regulations. The Promoter may become a member of the Association to the extent of all unsold and/or un- allotted premises, areas and spaces in the Project. 11.2 The Promoter shall be responsible to provide and maintain essential services in Common Area and Facilities till the Project upon the issuance taking over of the completion certificate maintenance of the Project till by the formation Association or Competent Authority, as the case may be. The Promoter in no case shall be obliged to maintain the Common Areas and Facilities beyond the date as stipulated by the Applicable Laws. 11.3 In case, Association fails to take over possession of the Association Common Area & Facilities as envisaged in the Agreement or prevalent laws governing the same, then in such a case, the Promoter may, at its option, continue with the maintenance of the same and its becoming operationalization for on such terms as it deem fit and proper. 11.4 The Allottee hereby accepts that the acts relating provisions of maintenance services and use and access to the Common PurposesAreas and Facilities shall at all times be subject to payment of all costs, charges, fee etc. The cost of such by whatever name called, including but not limited to requisite security deposit, periodic maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreementcharges etc. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay ("Maintenance Charges") to the Promoter or Facility Management Association or Maintenance Agency, as the case may be, and performance of all conditions, covenants, obligations and responsibilities of the Allottee under this Agreement. For the purposes of avoidance of doubt, it is clarified that the Maintenance Charges shall commence on expiry of 60 (sixty) days from the date of Offer Letter, regardless of whether the Allottee has taken possession of Shop or not. 11.5 The Allottee agrees that upon offer of possession of Shop he / she shall enter into a Maintenance Agreement with the Promoter or Association / or any other nominee/agency/association/s as may be appointed / nominated by the Promoter (herein "the Maintenance Agency") for the maintenance and upkeep of Common Areas & Facilities (excluding internal maintenance of the building constructed as Shop) of the Project. However, failure on the part of Allottee to enter into Maintenance Agreement for any reasons whatsoever, shall not absolve him/her/them from their obligation to pay the maintenance charges for such maintenance, property tax, common expenses and other outgoings in respect related charges. 11.6 The Allottee agrees to pay monthly/quarterly/yearly Maintenance Charges as intimated/demanded by the Promoter/Maintenance Agency, irrespective of the Allotted Apartment as mentioned fact, whether the Allottee is in Part-I occupation of the Sixth Schedule hereunder writtenShop or not, within a period of 7 days of demand. In case of delay in payment of Maintenance Charges, interest @ 12% p.a. shall be charged for the period of delay. The Promoter/Maintenance Agency reserves the right to determine/collect the Maintenance Charges in advance as per its policy. No interest shall be payable on such advance collection. 11.2 11.7 The Allottee acknowledges agrees that providing in case of his / her / their failure to pay the Maintenance Charges on or before the due date then the Promoter/Maintenance Agency is entitled to deny him/her/them maintenance services and maintaining essential services is for the benefit Promoter/Maintenance Agency shall also be entitled to disconnect water/sewer, power, etc. and debarment from usage of any or all Common Areas & Facilities. Further, non-payment of Maintenance Charges shall constitute a breach of the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard terms contained herein by the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesAllottee. 11.3 11.8 The Allottee acknowledges agrees that in the event the Maintenance Charges, other charges/dues etc. are in arrears for more than three months then the Promoter shall have the right to terminate this Agreement by a notice in writing to the Allottee of 30 days (herein "Notice Period"). If such notice is issued then Allottee will have the right to clear the arrears within the Notice Period and upon such payment within the Notice Period, the termination notice shall stand withdrawn. As a result of such cancellation, (i) the booking amount (ii) all amount collected as taxes, charges, levies (iii) interest component on delayed payment and (iv) Safeguarding Charges, if any and Holding Charges, if any shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as forfeited in favour of the Promoter in its absolute discretion may deem fit and proper and the Allottees Allottee shall have no right, interest or lien in the Shop. The refund after deduction as above, if any, shall be liable to make payment of an amount equivalent to 15% of governed by the Maintenance Charges as service charges payable to such Facility Management Agencyprovisions contained herein. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Shop Buyer Agreement for Sale

MAINTENANCE OF THE PROJECT. 11.1 The Developer/Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Apartment Acquirers /Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months on the basis of costs charges and expenses involved and applicable in the month of ……………………. for providing and maintaining essential services has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the PromoterDevelopers/Promoters, the Developer/Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees Allottees/ Apartment Acquirers shall be liable to pay to the Developer/Promoter or the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Apartment Acquirers/Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Developer/Promoter to appoint a Facility Management Agency, . 11.3 The Allottee acknowledges that the Developer/Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Developer/Promoter in its absolute discretion may deem fit and proper who upon being so appointed shall be and remain responsible for maintaining the essential services subject to payment of the charges to the Developer/Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Sale Agreement

MAINTENANCE OF THE PROJECT. 11.1 The i. That until the handover of the Common Areas and Facilities of the Project to the Maintenance Association in accordance with the Act, the Promoter shall be responsible to provide maintain the Common Areas and maintain essential services Facilities at actual cost 20% however, one month maintenance charges from the date of completion certificate has been included in Total Payable Amount of Unit as mentioned in Schedule-I attached hereto. ii. That a Maintenance Association of allottees of apartments in the Project upon shall be formed with the issuance main object to take over the responsibility of maintenance/management of Common Area and Facilities of Project and with such other object or purpose and in such manner and to such extent as the Promoter and/or Maintenance Association may decide from time to time keeping in view the best interest of the completion certificate allottees of apartments in the Project. The allottees of all the apartments of Project shall become the members of the Project till Maintenance Association. The Allottee(s) agrees and undertakes to abide by and comply with bye-laws and rules and regulation of such Maintenance Association. Until the formation of the Maintenance Association and its becoming operationalization for under the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the PromoterApplicable Laws, the Promoter itself or through Maintenance Agency shall provide maintain the Common Areas and Facilities of the Project and shall have all the rights and authorities of the Maintenance Association, in addition to the rights expressly mentioned herein, to enable proper maintenance of the Common Areas and Facilities of the Project. The Promoters shall handover the management/ maintenance of the Common Areas and Facilities of the Project upon formation of the Maintenance Association under the Applicable Laws to the Maintenance Association, and the Maintenance Association will take care of the Common Areas and Facilities of the Project iii. The Allottee(s) specifically recognizes that the Project comprises of multi storied residential buildings and he is agreeing to purchase the Unit situated therein. The Allottee(s) is also iv. The Promoter shall transfer the IFMD to the Maintenance Association without any interest at the time of takeover of Common Areas and Common Facilities of the Project to the Maintenance Association. v. The Allottee(s) shall not raise any objection, if any changes or modifications are made in the draft Bye-Laws as may be required by the Registrar of societies or other Competent Authority as the occasion may demand. After the handover of Common Areas and Facilities of the Project to Maintenance Association as per the Act, it shall be the sole responsibility of the Maintenance Association, to run and maintain the essential services in Common Areas and Facilities of Project, and to determine from time to time the said rate and amount of combined expenses and outgoings for the Common Areas and Facilities of Project till recoverable proportionately from the Association is formed Allottee(s) and from allother parties and the Project is handed over to the Association and the Allottees Allottee(s) agrees that he shall be liable to pay the said combined expenses and outgoings and other dues to the Promoter or Facility Management AgencyMaintenance Association, from time to time & regularly. vi. The Allottee(s) ▇▇▇▇▇▇ agrees that his/her right to the charges for such maintenanceuse of Common Areas and Facilities of the Project shall be subject to timely payment of total maintenance charges, property tax, common expenses as determined and other outgoings thereafter billed by the Maintenance Association and performance by the Allottee(s) of all his/her obligations in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as specified by the Promoter Maintenance Association from time to time vii. The Allottee(s) agrees that, on and from the Possession Notice Expiry Date or the date of execution of the Conveyance Deed, whichever is earlier, the Allottee shall pay advance Maintenance Charges (calculated at an estimated rate) for a period of one (1) year, which amount shall be used for maintenance of the Project and chargeable to all the apartment owners in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesthe Project. 11.3 The Allottee acknowledges that viii. That as and when any plant, machinery, equipment etc. within the Promoter Project including but not limited to lifts, DG sets, electric substation, pumps, fire fighting equipment, etc. requires replacement, up-gradation, addition etc. the cost thereof shall be entitled contributed by all the owners/occupants of residential apartments/flats at the Project on pro-rata basis (▇.▇.▇▇ ix. The Allottee(s) agrees and understands that certain residential apartments at the Project have attached exclusive areas, balconies etc. which are intended to appoint be sold/conveyed along with the said apartments only. The Allottee(s) having agreed to purchase the Unit of the description and specifications detailed in Schedule III and Schedule IV shall not raise a Facility Management Agency for providing demand or claim upon the Promoters to provide any other areas, balconies, etc. which do not form part of the description and maintaining essential services on specification of the Unit being subject matter of this Agreement nor object or interfere with the enjoyment of such areas, balconies etc. by the respective apartment owners. x. Allottee(s) shall be bound by all the terms and conditions as the Promoter in its absolute discretion may deem fit of Bye- Laws, maintenance agreement and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of any other agreement entered by the Maintenance Charges Association and any decisions taken by the Maintenance Association as service charges payable to such Facility Management Agencyper it Bye -Laws. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Conveyance Deed

MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in I. That until the Project upon the issuance of the completion certificate of the Project till the formation of the Association and its becoming operationalization for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control handover of the Common Areas and Facilities of the Project to the Maintenance Association in accordance with the Act, the Promoter No. 2 shall remain liable maintain the Common Areas and Facilities at actual cosH 20% however, one month maintenance charges from the date of completion certificate has been included in Total Payable Amount of Unit as mentioned in Schedule-I attached hereto. II. That a Maintenance Association of allottees of apartments in the Project shall be formed with the main object to take over the responsibility of maintenance/management of Common Area and Facilities of Project and with such other object or purpose and in such manner and to such extent as the Promoter and/or Maintenance Association may decide from time to time keeping in view the best interest of the allottees of apartments in the Project. The allottees of all the apartments of Project shall become the members of the Maintenance Association. The Allottee(s) agrees and undertakes to abide by and comply with bye-laws and rules and regulation of such Maintenance Association. Until the formation of the Maintenance Association under the Applicable Laws, the Promoter No. 2 itself or through Maintenance Agency shall maintain the Common Areas and Facilities of the Project and shall have all the rights and authorities of the Maintenance Association, in addition to the rights expressly mentioned herein, to enable proper maintenance of the Common Areas and Facilities of the Project. The Promoters shall handover the management/maintenance of the Common Areas and Facilities of the Project upon formation of the Maintenance Association under the Applicable Laws to the Maintenance Association, and the Maintenance Association will take care of the Common Areas and Facilities of the Project. III. The Allottee(s) specifically recognizes that the Project comprises of multi storied residential buildings and he is agreeing to purchase the Unit situated therein. The For Unique Mad an Ho vt. ltd, Allottee(s) is also aware that the Project requires proper and periodic maintenance and upkeep and unless the Project including its Common Areas and Facilities are maintained in proper form with neat and clean environment, the utility of the Project cannot be availed by the users/occupants. It is for providing these, amongst other reasons, that the Allottee( s) has agreed to purchase the Unit on the specific understanding that the right to use Common Area and maintaining Facilities shall be subject to payment of maintenance charges by him, amongst other charges, as determined by the essential servicesPromoter NO.2 or the Maintenance Association. The Promoter No. 2/ Maintenance Association, for the purposes of carrying out such maintenance services at the Project, may employ/hire a maintenance agency ("Maintenance Agency") appointed for the said purpose. IV. The Promoter NO.2 shall transfer the IFMD to the Maintenance Association without any interest at the time of takeover of Coinrnon Areas and Common Facilities of the Project to the Maintenance Association.

Appears in 1 contract

Sources: Agreement for Sale

MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Other Allottee/Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period certain period, on the basis of 12 months estimated costs charges and expenses required to be incurred for providing and maintaining essential services, has been included in the Total Price as mentioned in Item No. 5 of clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the PromoterPromoter , the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees/Other Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Other Allottees/Allottees and as such it is desirable that a facility management agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a facility management agency. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a facility management agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who upon being so appointed shall be and remain responsible for maintaining the essential services subject to payment of the charges to the Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Sale Agreement

MAINTENANCE OF THE PROJECT. 11.1 The Allottee understands and agrees that the Promoter may form a single association of allottee/s (“Association”) for the Colony including Commercial Project (collectively ‘Project’). The Common Area and Facilities within the Project shall be transferred to the Association/authorities, as the case may be by the Promoter in accordance with Applicable laws. The Allottee shall also from time to time, be required by the Promoter or the Association, to sign and execute the application for membership of the Association and other papers, instruments and documents in this regard. The Allottee shall on demand pay to the Promoter legal cost, charges and expenses, including professional costs of advocates of the Promoter in connection with formation of the Association and for preparing its rules, regulations, bye-laws, etc. and the proportionate stamp duty, registration charges and other cost towards preparing, executing and registering conveyance/sale deed with respect to transfer of the common areas in the Project in favour of the Association. On the formation of Association, rights of the Allottee to the Common Areas and Facilities shall be regulated by the bye laws and other rules and regulations. The Promoter may become a member of the Association to the extent of all unsold and/or un-allotted premises, areas and spaces in the Project. 11.2 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate Common Area and Facilities of the Project till the formation taking over of the maintenance of the Project by the Association or Competent Authority, as the case may be. The Promoter in no case shall be obliged to maintain the Common Areas and Facilities of the Project beyond the date as stipulated by the Applicable Laws. 11.3 In case, Association fails to take over possession of the Common Area & Facilities of the Project as envisaged in the Agreement or prevalent laws governing the same, then in such a case, the Promoter may, at its becoming operationalization for option, continue with the acts relating maintenance of the same and on such terms as it deem fit and proper. 11.4 The Allottee hereby accepts that the provisions of maintenance services and use and access to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation Areas and operationalization Facilities of the Association is delayed for no fault Commercial Project shall at all times be subject to payment of the Promoterall costs, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over charges, fee etc. by whatever name called, including but not limited to the Association and the Allottees shall be liable to pay requisite security deposit, periodic maintenance charges etc. (“Maintenance Charges”) to the Promoter or Facility Management Association or Maintenance Agency, as the case may be, and performance of all conditions, covenants, obligations and responsibilities of the Allottee under this Agreement. For the purposes of avoidance of doubt, it is clarified that unless otherwise agreed between the Promoter and the Allottee, the Maintenance Charges shall commence on expiry of 60 (sixty) days from the date of Offer Letter, regardless of whether the Allottee has taken possession of Unit or not. 11.5 The Allottee agrees that upon offer of possession of Unit he/she shall enter into a Maintenance Agreement with the Promoter or Association / or any other nominee/agency/association/s as may be appointed / nominated by the Promoter (herein “the Maintenance Agency”) for the maintenance and upkeep of Common Areas & Facilities of the Project/Commercial Project, as the case may be. However, failure on the part of Allottee to enter into Maintenance Agreement for any reasons whatsoever, shall not absolve him/her/them from their obligation to pay the maintenance charges for such maintenance, property tax, common expenses and other outgoings in respect related charges. 11.6 The Allottee agrees to pay monthly/quarterly/yearly Maintenance Charges as intimated/demanded by the Promoter/ Maintenance Agency, irrespective of the Allotted Apartment as mentioned fact, whether the Allottee is in Part-I occupation of the Sixth Schedule hereunder writtenUnit or not, within a period of 7 days of demand. In case of delay in payment of Maintenance Charges, interest @ 12% p.a. shall be charged for the period of delay. The Promoter/Maintenance Agency reserves the right to determine/collect the Maintenance Charges in advance as per its policy. No interest shall be payable on such advance collection. 11.2 11.7 The Allottee acknowledges agrees that providing in case of his/her/their failure to pay the Maintenance Charges on or before the due date then the Promoter/Maintenance Agency is entitled to deny him/her/them maintenance services and maintaining essential services is for the benefit Promoter/Maintenance Agency shall also be entitled to disconnect water/sewer, power, etc. and debarment from usage of any or all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions Common Areas & Facilities Project/Commercial Project, as the Promoter in its absolute discretion case may deem fit and proper who be. Further, non-payment of Maintenance Charges shall remain responsible for providing and maintaining essential servicesconstitute a breach of the terms contained herein by the Allottee. 11.3 11.8 The Allottee acknowledges agrees that in the event the Maintenance Charges, other charges/dues etc. are in arrears for more than 3 (three) months then the Promoter shall have the right to terminate this Agreement by a notice in writing to the Allottee of 30 days (herein “Notice Period”). If such notice is issued then Allottee will have the right to clear the arrears within the Notice Period and upon such payment within the Notice Period, the termination notice shall stand withdrawn. As a result of such cancellation, (i) the booking amount (ii) all amount collected as taxes, charges, levies (iii) interest component on delayed payment and (iv) Safeguarding Charges, if any and Holding Charges, if any shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as forfeited in favour of the Promoter in its absolute discretion may deem fit and proper and the Allottees Allottee shall have no right, interest or lien in the Unit. The refund after deduction as above, if any, shall be liable to make payment of an amount equivalent to 15% of governed by the Maintenance Charges as service charges payable to such Facility Management Agencyprovisions contained herein. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Agreement for Sale

MAINTENANCE OF THE PROJECT. 11.1 The Allottee understands and agrees that the Promoter may form a single association of allottee/s ("Association") for the Project. The Common Area and Facilities within the Project shall be transferred to the Association/authorities, as the case may be by the Promoter in accordance with Applicable laws. The Allottee shall also from time to time, be required by the Promoter or the Association, to sign and execute the application for membership of the Association and other papers, instruments and documents in this regard. The Allottee shall on demand pay to the Promoter legal cost, charges and expenses. including professional costs of advocates of the Promoter in connection with formation of the Association and for preparing its rules, regulations, bye-laws, etc. and the proportionate stamp duty, registration charges and other cost towards preparing, executing and registering conveyance/sale deed with respect to transfer of the common areas in the Project in favour of the Association. On the formation of Association, rights of the Allottee to the Common Areas and Facilities shall be regulated by the bye laws and other rules and regulations. The Promoter may become a member of the Association to the extent of all unsold and/or un- allotted premises, areas and spaces in the Project. 11.2 The Promoter shall be responsible to provide and maintain essential services in Common Area and Facilities till the Project upon the issuance taking over of the completion certificate maintenance of the Project till by the formation Association or Competent Authority, as the case may be. The Promoter in no case shall be obliged to maintain the Common Areas and Facilities beyond the date as stipulated by the Applicable Laws. 11.3 In case, Association fails to take over possession of the Association Common Area & Facilities as envisaged in the Agreement or prevalent laws governing the same, then in such a case, the Promoter may, at its option, continue with the maintenance of the same and its becoming operationalization for on such terms as it deem fit and proper. 11.4 The Allottee hereby accepts that the acts relating provisions of maintenance services and use and access to the Common PurposesAreas and Facilities shall at all times be subject to payment of all costs, charges, fee etc. The cost of such by whatever name called, including but not limited to requisite security deposit, periodic maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreementcharges etc. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay ("Maintenance Charges") to the Promoter or Facility Management Association or Maintenance Agency, as the case may be, and performance of all conditions, covenants, obligations and responsibilities of the Allottee under this Agreement. For the purposes of avoidance of doubt, it is clarified that the Maintenance Charges shall commence on expiry of 60 (sixty) days from the date of Offer Letter, regardless of whether the Allottee has taken possession of Plot or not. 11.5 The Allottee agrees that upon offer of possession of Plot he / she shall enter into a Maintenance Agreement with the Promoter or Association / or any other nominee/agency/association/s as may be appointed / nominated by the Promoter (herein "the Maintenance Agency") for the maintenance and upkeep of Common Areas & Facilities (excluding internal maintenance of the building to be constructed on the Plot) of the Project. However, failure on the part of Allottee to enter into Maintenance Agreement for any reasons whatsoever, shall not absolve him/her/them from their obligation to pay the maintenance charges for such maintenance, property tax, common expenses and other outgoings in respect related charges. 11.6 The Allottee agrees to pay monthly/quarterly/yearly Maintenance Charges as intimated/demanded by the Promoter/Maintenance Agency, irrespective of the Allotted Apartment as mentioned fact, whether the Allottee is in Part-I occupation of the Sixth Schedule hereunder writtenPlot or not, within a period of 7 days of demand. In case of delay in payment of Maintenance Charges, interest @ 12% p.a. shall be charged for the period of delay. The Promoter/Maintenance Agency reserves the right to determine/collect the Maintenance Charges in advance as per its policy. No interest shall be payable on such advance collection. 11.2 11.7 The Allottee acknowledges agrees that providing in case of his / her / their failure to pay the Maintenance Charges on or before the due date then the Promoter/Maintenance Agency is entitled to deny him/her/them maintenance services and maintaining essential services is for the benefit Promoter/Maintenance Agency shall also be entitled to disconnect water/sewer, power, etc. and debarment from usage of any or all Common Areas & Facilities. Further, non-payment of Maintenance Charges shall constitute a breach of the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard terms contained herein by the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesAllottee. 11.3 11.8 The Allottee acknowledges agrees that in the event the Maintenance Charges, other charges/dues etc. are in arrears for more than three months then the Promoter shall have the right to terminate this Agreement by a notice in writing to the Allottee of 30 days (herein "Notice Period"). If such notice is issued then Allottee will have the right to clear the arrears within the Notice Period and upon such payment within the Notice Period, the termination notice shall stand withdrawn. As a result of such cancellation, (i) the booking amount (ii) all amount collected as taxes, charges, levies (iii) interest component on delayed payment and (iv) Safeguarding Charges, if any and Holding Charges, if any shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as forfeited in favour of the Promoter in its absolute discretion may deem fit and proper and the Allottees Allottee shall have no right, interest or lien in the Plot. The refund after deduction as above, if any, shall be liable to make payment of an amount equivalent to 15% of governed by the Maintenance Charges as service charges payable to such Facility Management Agencyprovisions contained herein. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Plot Buyer Agreement for Sale

MAINTENANCE OF THE PROJECT. 11.1 The Promoter or its nominated maintenance agency shall be responsible to provide and maintain essential services in the Project upon till the issuance taking over of the completion certificate maintenance of the project by the competent authority. The maintenance charges payable by the Allottee to the Promoter or its nominated maintenance agency is not part of the Total Price or Grand Total Price. The Allottee shall enter into Maintenance Agreement with the Promoter or its nominee or any other agency (hereinafter referred to as “Maintenance Agency”) as may be appointed by the Promoter from time to time for the maintenance and upkeep of the Project till the formation including maintenance of the Association civic amenities such as public roads, landscaping, water, sewerage, drainage, garbage clearance, horticulture, street lights, pavements etc. and its becoming operationalization for the acts relating to the Common Purposes. The cost maintenance of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in common areas falling within the said Project till but outside the Association is formed and the Project is Plot, until these are handed over to a local body or any Govt. agency. It is agreed by the Association and the Allottees Allottee that, subject to Applicable Laws, he shall be liable to pay the maintenance bills as raised by the maintenance agency for maintaining the above-said services/facilities on a pro-rata basis from the date of the offer of possession by the Promoter irrespective of whether the Allottee has/have taken possession or is in occupation of the Plot or not, until these are handed over to a local body or any Govt. agencyirrespective of whether the Allottee has taken possession or is in occupation of the Plot or not. The Parties agree that consumption of utilities like electricity, water etc., shall be payable by the Allottee as per prescribed rates. It is specifically agreed by the Allottee that the Allottee shall be entitled to use the Maintenance services subject to the timely payment of total Maintenance Charges. The total Maintenance Charges will be fixed by the Promoter / Maintenance Agency on the basis of the Maintenance costs. The decision of the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings Operation/Maintenance Agency in respect of the Allotted Apartment cost of Maintenance will be final and binding on the Allottee. These charges will be paid at monthly/quarterly/half yearly intervals as mentioned decided by the Promoter or Maintenance Agency as and when the Operation/Maintenance services are transferred to the said Maintenance Agency. The Allottee agrees to deposit and to always keep deposited with the Company/Maintenance Agency an interest free maintenance security (IFMS) at the rate of Rs. per sq. yard or Rs. per sq. meters, as prescribed by the Company/Maintenance Agency payable at the time of offer of possession by the Company. Subject to Applicable Laws, if the Allottee is required to make payments towards maintenance charges and the Allottee fails to make such payments on or before the due date, the Allottee in Part-I addition to permitting the Company/Maintenance Agency to deny him the right to avail the maintenance services, also authorises the Company/Maintenance Agency to adjust in the first instance, the interest free maintenance security against such defaults in the payment of maintenance bills. The resultant shortfall in the interest free maintenance security shall be made good by the Allottee within 15 days of demand by the Company/Maintenance Agency. The Company/Maintenance Agency also reserves a right to increase the interest free maintenance security from time to time in keeping with the increase in the cost of maintenance services and the Allottee agrees to pay such increases within 15 days of demand by the Company/Maintenance Agency. It is made specifically clear and it is so agreed by and between the parties hereto that the interest free maintenance security as stipulated in this clause shall survive the conveyance of title in favour of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges and the Company shall have first charge/lien on the said Plot in respect of any such non-payment of shortfall/increases as the case may be. In case the Company hands over the maintenance of the said Colony to the Maintenance Agency, the Company shall transfer the IFMS of the Allottee to the Maintenance Agency after adjusting there from any outstanding maintenance bills, pro-rata maintenance collection deficits and/or other outgoings of the Allottee at any time even after execution of the Conveyance Deed and there upon the Company shall stand completely absolved/ discharged of all its obligations and responsibilities concerning the IFMS including but not limited to issues of repayment, refund and/or claims of any of the Allottee on account of the same. It is further clarified that providing the cost of the Plot does not include the power backup facility charges in any manner. However, if at the sole discretion of the Company power backup facility is created, it will be availed by the Allottee on payment of establishment charges levied and maintaining essential services is the Allottee shall be charged on monthly basis for the benefit power backup which may be provided by the Company through DG Sets of suitable capacity installed within the said Colony or anywhere else. The ownership of the same shall vest with the Company, its nominee or the maintenance agency. The power backup would be charged in proportion to the size of the Plot/independent floor. It is made clear to the Allottee that the charges for all the Allottees costs relating to power consumed by him as indicated in the meter which may be installed by the Company, its nominee, maintenance agency at the cost of Allottee shall be billed as part of the maintenance bill which shall be towards the power consumed and expenditure incurred for consumables like diesel, spare parts, depreciation and other wear and tear etc. apart from other charges for maintenance/upkeep of the said Colony as such it is desirable that a Facility Management Agency be appointed and in this regard described above. If the maintenance charges are not paid by the Allottee authorizes regularly on or before its due date then the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in Company/its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter nominee/maintenance agency shall be entitled to appoint a Facility Management withhold the provision of electricity supply as well as other services. If the Company, its nominee or Maintenance agency decides to apply for and thereafter receives permission from Dakshin Haryana Bijli Vitran ▇▇▇▇▇ Ltd. (DHBVN) or from any other Body/Commission/Regulatory/Licensing Authority constituted by the Government of Haryana for such purpose to receive and distribute bulk supply of electrical energy in the said Colony, then the Allottee undertakes to pay on demand to the Company/Maintenance Agency all deposits and charges like fixed connection charges, Advance Consumption deposit, expenditure on independent feeder, share cost of appropriate capacity sub-station etc. paid/payable by the Company/Maintenance Agency to Dakshin Haryana Bijli Vitran ▇▇▇▇▇(DHBVN)/any other Body/Commission/Regulatory/ Licensing Authority constituted by the Government of Haryana. Further the Allottee agrees that the Company shall be entitled in terms of the Operation/ Maintenance Agreement to withhold electricity supply to the said colony till full payment of such deposits and charges are received by the Company or the Maintenance agency. The Allottee agrees to abide by all the conditions of sanction of bulk supply and to pay any increase in the deposits, charges for providing bulk supply of electrical energy as may be demanded by the Company from time to time. If at any subsequent stage, the electricity or generator supply load needs to be increased/upgraded, the Allottee shall contribute on pro-rata basis towards security deposit /other expenses. The Allottee undertakes and maintaining essential services agrees not to do any encroachment over the land between road, pavement and the said Plot, not to cause any littering, digging outside the said Plot or on such terms the road, not to let water stagnate in or around the said Plot and conditions to maintain the aesthetics of the Project. The authorised personnel of maintenance agency will be permitted to check or inspect stagnant water within the said premises as pre-emtive precaution against mosquito and insect breeding. The Allottee agrees and undertakes that in order to maintain the safety and security of the Project and its occupants, it shall be mandatory for the Allottee to duly intimate the Promoter about any further transfer of the Said Plot by way of sale, lease or otherwise and to register its servants, drivers, staff or regular visitors with the maintenance office without fail. It shall be the responsibility of the Allottee to continue to pay the charges including maintenance etc. (if applicable) pertaining to the Plot payable under this Agreement to the Promoter. It is further agreed by the Allottee shall be responsible and that he shall make sure that in the event the Premises is transferred / sold or the Allottee gives temporary possession to any third party, such person shall from time to time, sign all applications, papers and documents and do all the acts, deeds, which the Promoter deems necessary. The Allottee acknowledges and accepts that there would be extensive developmental / construction activities for many years in future in the entire area falling outside the periphery of the Plot making use of roads, infrastructure and facilities and that the Allottee understands and agrees that he shall not raise any objection or make any claim or default in making payments of its absolute discretion maintenance dues on account of inconvenience, if any, which may be suffered by him due to such developmental / construction, additional extension activities or incidental / related activities. The Allottee further agrees and confirms that all open land(s) / areas other than plots sold, belong and are possessed by the Promoter and all the rights including the ownership thereof of such areas/open land(s), buildings, facilities and amenities, other than those specifically earmarked for common use of the occupants/plot owners, shall vest solely with the Promoter and the Promoter may deal in any manner with such land including transfer to government, semi government, any other authority, body, any person, association, institution, trust and / or any local body(ies) and at any terms / payment(s) which the Promoter may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.fit

Appears in 1 contract

Sources: Sale Agreement

MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Apartment Acquirers/Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months on the basis of costs charges and expenses involved and applicable in the month of November 2022 for providing and maintaining essential services has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees Allottees/Apartment Acquirers shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Apartment Acquirers/Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesAgency. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees who upon being so appointed shall be liable and remain responsible for maintaining the essential services subject to make payment of an amount equivalent the charges to 15% the Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Maintenance Charges Allotted Apartment as service charges payable to such Facility Management Agencymentioned in Part-I of the Sixth Schedule hereunder written. 11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.

Appears in 1 contract

Sources: Sale Agreement