REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER Clause Samples

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and othe...
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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottees as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project;
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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) By virtue of indenture of mortgage executed on 6th day of June, 2017, the Owners herein and Mortgagors therein and M/S. Rajwada Group therein as Borrower mortgaged the Developer’s Allocation i.e. 22 nos. of flats constructed on the Said Premises morefully described in the Schedule-I of the said Deed of Mortgage dated 06.07.2017 in favour of India Infoline Housing Finance Limited, a company registered under the companies act 1956 and having its registered office at 12A-10, 13th Floor, Parinee ▇▇▇▇▇▇▇▇▇, ▇-▇▇ ▇▇▇ ▇-▇▇, ▇ ▇▇▇▇▇, behind Mca ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ - ▇▇▇▇▇▇ and branch office at 1, Shakespeare Sarani, 7 th floor, A.C. market, ▇.▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇▇▇▇▇ Sarani, Kolkata-700071, and as borrower therein, the said M/S. Rajwada Group, the Developer herein has accepted Rs.3,80,83,904/-(Rupees Three Crore Eighty Lac Eighty Three Thousand Nine Hundred and Four) only from the said India Infoline Housing Finance Limited the mortgagee/lender therein hereinafter referred to as the “Mortgage Loan” and the said Deed of Mortgage was registered in the office of the A.R.A-I, Kolkata and recorded in book no.-I, volume no. 1901-2017, pages from 108468 to 108531 Being no. 190103416 for the year 2017. That apart from that there are no encumbrances upon the said Land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee(s) as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land and the requisite rights to carry out development upon the said Land and absolute, actual,physical and legal possession of the said Land for the Project; Whereas the Promoter/Developer and the Landowner has entered into a joint development agreement wherein the promoter/developer has agreed to develop the whole land comprising of ▇▇▇▇ ▇▇. ▇▇ and 16 admeasuring about 752.51 Sq. Mt. Situated at Khasara ▇▇. ▇▇▇/▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. (Hereinafter referred to as ‘Land’ and more fully described in the Schedule – I) into Stilt+6 Floors residential building comprising 2&3 BHK Flats/Apartments/Units. Joint Development Agreement Executed between ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Gehlot S/o ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (Landowner) and M/s ▇▇▇▇▇▇▇ Developers and Builders (Promoter/Developer) through its authorised signatory ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇ Sankhla and ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ dated 24.05.2022 registered at Sub-Registrar IV Jodhpur on 24.05.2022 in Book No. 1 Jild No. 347, Page No. 26 Serial No. 202203054110836. (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Unit; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Unit and common areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/ or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/developer is not restricted in...
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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
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Related to REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER

  • REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot]; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

  • Representations and Warranties of the Parties (a) The Sub-Adviser represents and warrants to the Advisers as follows: (i) The Sub-Adviser is a registered investment adviser under the Advisers Act; (ii) The Form ADV that the Sub-Adviser has previously provided to the Advisers is a true and complete copy of the form as currently filed with the SEC, and the information contained therein is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading. The Sub-Adviser will promptly provide the Advisers and the Trust with a complete copy of all subsequent amendments to its Form ADV; (iii) The Sub-Adviser will carry at all times professional errors and omissions liability insurance with carriers approved by the Advisers covering services provided hereunder by the Sub-Adviser in an appropriate amount, which insurance shall be primary to any insurance policy carried by the Advisers; (iv) The Sub-Adviser will furnish the Advisers with certificates of insurance in forms and substance reasonably acceptable to the Advisers evidencing the coverages specified in paragraph 2(a)(iii) hereof and will provide notice of termination of such coverages, if any, to the Advisers and the Trust, all as promptly as reasonably possible. The Sub-Adviser will notify the Advisers promptly, and in any event within 10 business days, when the Sub-Adviser receives notice of any termination of the specified coverage; and (v) This Agreement has been duly authorized and executed by the Sub-Adviser. (b) Each Adviser represents and warrants to the Sub-Adviser as follows: (i) Each Adviser is registered under the Advisers Act; and (ii) Each Adviser and the Trust has duly authorized the execution of this Agreement by the Advisers.