REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE Sample Clauses
The "Representations and Warranties of the Allottee" clause sets out the specific statements and assurances that the allottee (the party receiving shares, property, or rights) makes to the other party in an agreement. Typically, these representations may include confirmations about the allottee’s legal capacity, authority to enter into the agreement, and compliance with applicable laws. By requiring the allottee to make these declarations, the clause helps ensure transparency and allocates risk by providing the other party with legal recourse if any of the statements prove to be false or misleading.
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee for himself/themselves with intention to bring all persons into whosoever hands the Said Apartment may come, hereby covenants, represents with the Promoter as follows :-
i. on or before delivery of possession of the Said Apartment pay to the Promoter, the Balance Sale Consideration, proportionate share of taxes, any other charges as decided by the Promoter, the amount towards advance maintenance, share money, legal charges, society admission fee, as fixed by the Promoter and such amounts agreed upon in clause no. 1.2
ii. pay the applicable stamp duty, registration charges, Cess, Legal/Advocate charges and other incidental expenses payable, at the time of registration of this Agreement and the Sale Deed whenever the same is executed;
iii. The Allottee shall use the Said Apartment or any part thereof or permit the same to be used only for purpose of residence and shall not use any other purposes(s) whatsoever. The Allottee shall use the allotted parking space only for purpose of keeping or parking his/ her/ their/ its vehicle;
iv. the Allottee shall not protest, object to or obstruct the execution of the construction work nor the Allottee shall be entitled to claim any compensation and/or damages and/or to complain for any inconvenience, hardship, disturbance or nuisance which may be caused to him/her/it/them or any other person/s, for any inconvenience, hardship, disturbance or nuisance caused to the Allottee during the construction of the Project by the Promoter;
v. not to interfere with the rights of the Promoter to construct at such locations, as it may from time to time decide, any additional buildings/structures, sub-stations for electricity or office for management of the new building/s and build underground and overhead tanks structures for watchman cabin toilet units for domestic servants/watchmen, septic tank, soak pits and other structures the locations of which are not particularly marked or shown in the building plans or Layout plans and laying through or under or over the ground or any part thereof, pipelines, underground electric and telephone cables, water lines, gas pipe lines, drainage lines, sewerage lines, water harvesting arrangement, tube well and other devices etc. belonging to or meant for any of the Buildings and other structures which are to be developed and constructed by the Promoter, and raise any dispute in the Court by way of injunctions or prohibitory orders from any tribunal, body or authority or under any provis...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 33.3.1 The Allottee hereby represents and warrants to the Promoter as follows:
(a) the Allottee meets the eligibility criteria provided for in the Operational Guidelines and other Applicable Laws;
(b) the current annual family income of the Allottee does not exceed Rs. 3,00,000 (Rupees three lakhs) and that the Allottee and his/her family does not own a pucca house in any part of India either in his/her name or any of his/her family member’s name;
(c) the execution and delivery of this Agreement and the performance of his/her obligations hereunder, shall not (i) conflict with or result in a breach of the terms of any other contract or commitment to which he/she is a party or by which he/she is bound, (ii) conflict with or require any consent or approval under any judgment, order, writ, decree, permit or license to which he/she is a party or by which he is bound, or (iii) require the consent or approval of any other party to any contract, instrument or commitment to which he/she is a party or by which he/she is bound;
(d) there are no actions, suits or proceedings existing, pending or, to his/her knowledge, threatened against or affecting him/her before any court, arbitrator or governmental authority or administrative body or agency that affect the validity or enforceability of this Agreement or that would affect his/her ability to perform his/her obligations hereunder;
(e) the obligations under this Agreement are legal and valid obligations binding on him/her and enforceable against him/her in accordance with the terms hereof;
(f) his/her entry into this Agreement, and the exercise of his rights and performance of and compliance with his obligations under or in connection with this Agreement or any other document entered into under or in connection with this Agreement, will constitute, private and commercial acts done and performed for private and commercial purposes;
(g) the Allottee has the financial and other resources, to meet and comply with all his obligations under this Agreement, punctually and in a timely manner and that the Allottee, has not used and shall not use ‘proceeds of crime’, as defined under the Prevention of Money-laundering Act, 2002, for making any payments hereunder;
(h) the Allottee shall observe, perform and fulfil the covenants, stipulations, restrictions and obligations required to be performed by the Allottee hereunder;
(i) the Allottee is acquainted with, fully aware of and is thoroughly satisfied with (i) the floor plan, area...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee for himself/themselves with intention to bring all persons into whosoever hands the Said Apartment may come, hereby covenants, represents with the Promoter as follows :-
1. on or before delivery of possession of the Said Apartment pay to the Promoter, the Balance Sale Consideration, proportionate share of taxes, any other charges as decided by the Promoter, the amount towards advance maintenance, share money, legal charges, society admission fee, as fixed by the Promoter and such amounts agreed upon in clause no.
2. pay the applicable stamp duty, registration charges, Cess, Legal/Advocate charges and other incidental expenses payable, at the time of registration of this Agreement and the Sale Deed whenever the same is executed;
3. The Allottee shall use the Said Apartment or any part thereof or permit the same to be used only for purpose of residence and shall not use any other purposes(s) whatsoever. The Allottee shall use the allotted parking space only for purpose of keeping or parking his/ her/ their/ its vehicle;
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby representa and warrants to the Promoter and the Owner as follows:
(i) The execution and delivery of this Agreement and the performance of his/her /its obligations hereunder shall not (i) conflict with or result in a breach of the terms of any other contract or commitment to which he/she/it is a party or by which he/she/it is bound;(ii) violate its memorandum of Association , articles of Association or bye laws or any other equivalent organizational document (if applicable) (iii) conflict with or require any consent or approval under any judgment , order, writ, decree, permit or license to which he/she/it is bound or
(iv) require the consent or approval of any other party to any contract ,instrument or commitment to which he/she/it is a party or by which he/she/it is bound.
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. (S)
(i) To maintain the Unit at the Allottee's own cost in good and tenantable repair and condition from the date of offer of possession of the Unit and shall not do or suffer to be done anything in or to the building in which the Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Unit is situated and the Unit itself or any part thereof without the consent of the local authorities, if required.
(ii) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(iii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority.
(iv) Not to demolish or cause to be demolished the Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the said Building and shall keep the portion, sewers, drains and pipes in the Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the Building and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee represents and warrants to the Promoter that: -
8.1 He/She is competent to enter into contract and is not prohibited from entering into this Agreement and/or to undertake the obligations, covenants, etc. contained herein;
8.2 He/She has not been declared and/or adjudged to be an insolvent, bankrupt, etc. and/or ordered to be wound up or dissolved, as the case may be;
8.3 No receiver and/or liquidator and/or official assignee or any person is appointed in the case of the Allottee or all or any of his/her assets and/or properties;
8.4 None of his/her assets/properties is attached and/or no notice of attachment has been received under any rule, law, regulation, statute, etc.;
8.5 No notice is or has been received from the Government of India (either Central, State or Local) and/or from any other Government abroad and/or any proceedings initiated against the Allottee for his/her involvement in any money laundering or any illegal activity and/or is declared to be a proclaimed offender and/or a warrant is issued against him/her;
8.6 No execution or other similar process is issued and/or levied against him/her and/or against any of his assets and properties;
8.7 He/She has not compounded payment with his/her creditors;
8.8 He/She is not an undesirable element and/or will not cause nuisance and/or cause hindrances in the completion of the development of the said Land and/or anytime thereafter and will not default in compliance with the terms of this Agreement including making any payments;
8.9 The Allottee shall within 8 (eight) days of the receipt of the demand letter from the Promoter maintain the said Premises at his / her/their own cost in a good condition and shall not do or suffer to be done anything in or to the said Premises and/or common passages, or the compound which may be against the Rules or Bye-Laws of the Municipality or CIDCO/VVCMC/Planning Authority or any other Government Body and shall also comply with the orders passed by the Government of Maharashtra and other authorities under the provisions of Law;
8.10 The Allottee shall maintain the said Premises in the same form as the Promoter constructs it and shall not at any time affect/alter the elevations in any manner whatsoever or alter the size and position of any of the windows of the said Premises without the prior consent in writing from the Promoter and or the concerned authorities;
8.11 The Allottee shall, if required, at his/her/their/its own costs fit the external grills to t...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee covenants, represents, agrees, declares and undertakes to the Company that:
(a) The Allottee has read and understood the Act and the Real Estate Act and implications thereof in relation to the various provisions of this Agreement and further confirms that the Allottee is in full consensus with the provisions of this Agreement in relation to the Act and the Real Estate Act and shall at all times comply with the provisions of the Act and Real Estate Act or any statutory amendments or modifications thereof or the provisions of any other law(s) dealing with the matter.
(b) The Allottee shall have the ownership and possession of the said Unit along with the undivided proportionate share in the land underneath the Building in which the Unit is located, user interest in the Common Areas within the said Building only and other common facilities/amenities, if any, of the said Group Housing Colony/ Project. The Allottee will have no right to claim or bring about any action for the division or partition of the Common Areas within the said Building/Group Housing Colony/Project at any time which shall forever remain impartible / indivisible. As the interest of the Allottee in the Common Areas is undivided and cannot be partitioned this would require him/her to use the Common Areas, harmoniously along with other occupants in the said Building/ Project/Group Housing Colony without causing any inconvenience or hindrance to them as the common areas and facilities are common for all allottees for the entire Group Housing Colony. The Allottee agrees and understands that the Allottee shall be entitled to the undivided proportionate interest in no other common facilities /amenities in the Project/Group Housing Colony except the Common Areas within the Building only. The Allottee hereby undertakes not to raise any construction whether temporary or permanent on the rear/front balcony/lawn/rooftop/terrace under his use.
(c) The Allottee has understood that the Company may transfer and convey its rights, title and interest in any portion of the Common Areas and all common amenities and facilities in the Group Housing Colony, in favor of any co-operative society / association/society of allottee(s)/limited company/Allottee, to be formed for the common interest of all the allottees of any Unit/Buildings in the Project, in accordance with the Act, Real Estate Act and the rules framed there-under, as and when the same are made applicable to the Unit/Building or provision ...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee for himself/themselves with intention to bring all persons into whosoever hands the Said Villa may come, hereby covenants, represents with the Promoter as follows :-
1. on or before delivery of possession of the Said Villa pay to the Promoter, the Balance Sale Consideration, proportionate share of taxes, any other charges as decided by the Promoter, the amount towards advance maintenance, share money, legal charges, society admission fee, as fixed by the Promoter and such amounts agreed upon in clause no.
2. pay the applicable stamp duty, registration charges, Cess, Legal/Advocate charges and other incidental expenses payable, at the time of registration of this Agreement and the Sale Deed whenever the same is executed;
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. 6.1 The Allottee has applied for allotment of the Demised Premises after satisfying himself that he has understood and appreciated the content and the implications of the laws applicable to the Company and the Demised Premises.
6.2 The Allottee has inspected the site, the Plans, ownership records, other documents relating to the title and all other details of the Demised Premises that the Allottee considers relevant for the transaction contemplated herein. The Allottee has satisfied himself/herself about the right, title and capacity of the company to deal with the Demised Premises and the Company and has understood all the limitations and obligations thereof.
6.3 The Consideration, for the Demised Premises and other charges, are based on the Super Area of the Demised Premises and shall be paid by the Allottee in accordance with the terms herein.
6.4 The Allottee has all necessary power, authority and capacity to bind itself to these Standard Terms and Conditions and to perform his obligations herein;
6.5 The Company shall be entitled to construct and/ or install such other things as may be required for the operation and maintenance of GREEN RESIDENZA 3 situated at ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, Rajarhat main Road Kolkata 700136 including but not limited to sidewalks, pavements, sewers, water mains and other local improvements, as may from time to time be deemed necessary by the Company and/for the maintenance Agency.
6.6 The Allottee has reviewed the Plans and has been made aware of and accepts that the Plans, Super Area, specifications as more particularly described in the Application Form, etc. are tentative and that there may be variations, deletions, additions, alternations made either by the Company as it may in its sole discretion deem fit and proper, or by or pursuant to requirements of a Governmental Authority, which alterations may involve changes, including change in the position of the Demised Premises, change in the number of units, change in its dimensions, change in the height of the building, change in its Super area, and the Allottee hereby gives his consent to such variations, additions, deletions, alterations and modifications as aforesaid (hereinafter referred as “the "Permitted Alterations"). The Consideration amount may be increased on account of the Permitted Alterations and the Allottee shall pay without demur such increased amount of Consideration at such times as may be required by the Company. In the event that the Consideration amount is d...
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Said Allottee hereby represents and warrants to the Said Promoter as follows :-