RIGHTS OF THE DEVELOPER Clause Samples
RIGHTS OF THE DEVELOPER. The rights reserved to the Developer shall be and deemed to be to:
13.2.1 Make variations, additions and/or alterations in the Building Plan in accordance with applicable laws.
13.2.2 Construct additional floors on the Towers upon obtaining necessary permissions therefore, including the consent of the majority of the Apartment Acquirers.
13.2.3 Transfer and/or alienate such further developed portions.
13.2.4 Acquire in phases any adjacent or contiguous land to the Project Land (the "Adjacent Land").
13.2.5 Amalgamate the Adjacent Land to the Project Land to construct in phases other building or buildings on such Adjacent Land (the "Additional Buildings") and the acquirers of spaces in the Additional Buildings (the "Other Unit Owners") will also be entitled to the benefits of all the Complex Common Portions and the Apartment Acquirers shall be deemed to have consented to the same.
13.2.6 Have the right of passage through all the common/open areas, driveways and passages of the Complex as also the right of usage of Complex Common Portions as well as all its connections including, without limitation, the drainage, sewerage, water lines, electric and telecommunication cablings to the Adjacent Land without any hindrance or obstruction from any of the Apartment Acquirers provided that any maintenance costs therefor shall be contributed proportionately.
13.2.7 Make available the facilities in the Complex to the Adjacent Land, the Other Unit Owners and vice versa.
13.2.8 Use and move over all the common/open areas, driveways and passages of the Complex along with men, materials, vehicles, servants, agents and licensees even after completion and registration of the Transfer Deeds.
13.2.9 Make available the facilities in Complex to the acquirers/occupiers of the Shopping Space and vice versa.
13.2.10 Install or have set up hoardings, communication towers, VSAT, dish or other antennas for mobile phones or any other communication or satellite system anywhere within the open areas of the Complex or on the roof of the Towers as also to grant or assign such rights to third parties without requiring any recourse to any of the Acquirers.
RIGHTS OF THE DEVELOPER. Developer obligation for obtaining occupation certificate /completion certificate. The Developer hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said Plans or thereafter and shall, before handing over possession of the Apartment to the Allottee/s, obtain from the concerned local authority occupancy and /or completion certificates in respect of the Apartment. It is further agreed that the Developer/Association/Apex body reserves the right to claim the additional amount towards the maintenance charges from the Allottee/s if the provision maintenance charges paid by the Allottee/s exhaust on an early date.
RIGHTS OF THE DEVELOPER. The Allottee confirms and acknowledges that the Allottee has been apprised and made aware and the Allottee has agreed that:
i. The Promoter shall be entitled to amalgamate the schemes in respect of the adjoining lands or any other land (pursuant to applicable law) with the project land without requiring any consent from the Allottee and / or the Association and such additional land shall be deemed to be the Project Land amalgamated.
ii. The Promoter is entitled to utilize all FSI (including fungible FSI, free FSI, premium FSI) that may be available from the Project Land or elsewhere and/or on account of (TDR) and / or by change of law and/or change of policy and/or any other rights and benefits including on account of undertaking incentive FSI schemes under the applicable laws, public car parking schemes or any floating rights which is or may be available in respect of the Project Land and/or any potential that that is or may be available on account of the existing provisions or any amendments thereto under applicable law, and the Promoter shall be entitled to utilize and/or use the entire potential of the Project Land/the amalgamated lands presently available and/or any increase therein, from time to time.
iii. The Promoter shall be at liberty to sell, assign, transfer, lease, mortgage or otherwise deal with its right, title and interest in the Project Land and/or the Building, in terms of the Applicable Laws provided that the same does not in any materially prejudice the right of the Allottees in respect of the Flat/Premises and in accordance with the provisions of the Act.
iv. The Promoter shall also be entitled to designate any space on the Project Land and/or in the terrace of the said Building to such utility provider either on leave and license or leasehold basis for the purpose of installing power sub-stations with a view to service the electricity requirement in the said Building.
v. The Promoter shall have the exclusive right to control advertising and signage, hoarding, and all other forms of signage whatsoever within the project land till such time as the Project Land together with the Building are transferred to the Association.
vi. The Promoter shall be entitled to construct site offices/ sales lounge on the Project Land and shall have the right to access the same at any time without any restriction whatsoever irrespective of whether the Project Land or any portion thereof is leased/conveyed to the Association until the development of the Pro...
RIGHTS OF THE DEVELOPER. Developer obligation for obtaining occupation certificate /completion certificate. The Developer hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said Plans or thereafter and shall, before handing over possession of the Apartment/Flat to the Allottee/s, obtain from the concerned local authority occupancy and /or completion certificates in respect of the Apartment/Flat.
i. It is further agreed that the Developer / Association shall start commencement of the common area maintenance, post receipt of the Completion Certificate from the Local Authority.
ii. It is further agreed that the Developer/ Association reserves the right to claim the additional amount towards the maintenance charges from the Allottee/s if the provision maintenance charges paid by the Allottee/s exhaust on an early date.
iii. The Developer/Association shall handover the duly audited accounts of the maintenance funds to the Association after formation of the same and the Developer/ Association shall be responsible to produce the audited accounts of maintenance funds till the date of formation of Association to the Allottee/s in a yearly meeting with Allottee/s.
iv. The Developer states that the Car Parking spaces (Open & Covered) form a part of the Common Area,
i. The Developer has clear and marketable title with respect to the project land; as let out in the title report annexed to this agreement and has the requisite rights to carry out development upon the Project Land and also has actual, physical and legal possession of the Project Land for the implementation of the Project;
ii. The Developer has lawful rights and requisite approvals from the competent authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project;
iii. There are no encumbrances upon the Apartment/ Flat or Project Land or the Project except those disclosed in the title report, if any;
iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report;
v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licens...
RIGHTS OF THE DEVELOPER. Developer obligation for obtaining occupation certificate /completion certificate. The Developer hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said Plans or thereafter and shall, before handing over possession of the Unit to the Allottee/s, obtain from the concerned local authority occupancy and /or completion certificates in respect of the Unit.
▇. ▇▇ is further agreed that the Developer/Association shall start commencement of the common area maintenance within two months post receipt of the Completion Certificate from the Local Authority.
▇▇. ▇▇ is further agreed that the Developer/Association reserves the right to claim the additional amount towards the maintenance charges from the Allottee/s if the provision maintenance charges paid by the Allottee/s exhaust on an early date.
iii. The Developer/Association shall handover the duly audited accounts of the maintenance funds to the Association after formation of the same and the Developer/ Association shall be responsible to produce the audited accounts of maintenance funds till the date of formation of Association to the Allottee/s in a yearly meeting with Allottee/s.
iv. The Developer states that the Parking spaces (Open & Covered) in the Project Land form a part of the Common Area.
RIGHTS OF THE DEVELOPER. 30.1 Developer/Owner’s obligation for obtaining occupation certificate (OC)/completion certificate (CC) The Developer/Owner hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said Plans or thereafter and shall, before handing over possession of the Apartment/Flat to the Purchaser/s, obtain from the concerned local authority occupancy and /or completion certificates in respect of the Apartment/Flat.
RIGHTS OF THE DEVELOPER a. Developer obligation for obtaining Occupation Certificate (OC)/ Completion Certificate(CC):
RIGHTS OF THE DEVELOPER. Notwithstanding anything to the contrary set forth in the Bylaws, no amendments to all or any part of this Article XVI shall be permitted without the written consent of the Developer (the term “Developer” being defined in said Master Deed), which consent shall not be unreasonably withheld, but which consent shall be conditioned upon the fact that, in the Developer’s opinion, such amendment does not either (1) lower the standards of maintenance and the upkeep of the various facilities included in the operation of the entire condominium including, without limitation, the recreational
RIGHTS OF THE DEVELOPER. Developer obligation for obtaining occupation certificate/completion certificate:- The Developer hereby agrees to observe, perform and comply with all the terms, conditions, stipulations, and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said Plans or thereafter and shall, before handing over possession of the Flat/Apartment to the Allottee(s), obtain from the concerned local authority occupancy and /or completion certificates in respect of the Flat/Apartment. It is further agreed that the Developer/Association/Apex body reserves the right to claim the additional amount towards the maintenance charges from the Allottee(s) if the provision maintenance charges paid by the Allottee(s) exhaust on an early date.
RIGHTS OF THE DEVELOPER