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, licenses and permits to be issued by the competent authorities with respect to the Project, Project Land and said Building/wing shall be obtained by following due process of law and the Developer has been and shall, at all times, remain to be in compliance with the Relevant Laws in relation to the Project, Project Land, Building/wing and common areas; vi. The 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 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 Project Land, including the Project and the Apartment/Flat which will, in any manner, adversely affects the rights of Allottee/s under this Agreement; viii. The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the Apartment/Flat to the Allottee/s in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of Allottee/s the Developer shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure in the project to the Association of the Allottee/s, as and when the same is formed; x. The Schedule Property is not the subject matter of any HUF and no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; xi. The Developer has duly paid and shall continue to pay and discharge undisputed 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 or served upon the Developer in respect of the Project Land and/or the Project except those disclosed in the title report.
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Sources: Agreement for Sale, Agreement for Sale