Common use of CONSTRUCTION OF THE PROJECT/UNIT Clause in Contracts

CONSTRUCTION OF THE PROJECT/UNIT. The Allottee(s) has seeninspected the Approvals, Plans and proposed layout plan, specifications, amenities and facilities of the ApartmentUnit/Project and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authoritysame, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plansApprovals, Plans and specifications, amenities andproposed facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plansPlans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breachcompetent authority. The Allottee(s) is fully and completely informed and aware that all Informative Materials, and/or all matters related or incidental thereto, have been, and always will be, merely for the sake of convenience, whereby the terms, conditions, and provisions of this Agreement shall solely and exclusively apply and control. The show/sample Unit including all furniture items, electronic goods, amenities etc., if any, are only for representational purposes for depicting lifestyle and illustrating a possible option of the design and layout of the Unit. The Promoter is not liable or obligated to provide the Unit as per show/sample Unit with furniture items, electronic goods, amenities etc. therein. The Promoter shall construct the Project and the Unit in good workmanship manner and shall use the standard quality of material to the best of its knowledge of reliable companies/ appropriate brands on one time basis. The Promoter shall endeavor to provide similar or equivalent brands & specifications of the amenities described in this Agreement, the Allottee(s) have satisfied that the material shall be used by the Promoter is of good and usable quality and he is agree & give his consent that he/she/it shall not raise any objection or not create any dispute in this matter.

Appears in 4 contracts

Samples: rera.rajasthan.gov.in, rera.rajasthan.gov.in, rera.rajasthan.gov.in

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CONSTRUCTION OF THE PROJECT/UNIT. 6.1 The Allottee(s) Allottee has seeninspected seen the Approvals, Plans and proposed layout plan, specifications, amenities and facilities of the ApartmentUnit/Project said Unit and accepted the floor plan, payment plan and the specificationspecifications, amenities and facilities [annexed along with this Agreement Agreement] which has been approved by the competent authoritysameauthority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plansApprovals, Plans plans and specifications, amenities andproposed and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plansPlans plans approved by the competent authorities and authoritiesand shall also strictly abide by the bye-laws, FAR, FAR and density norms and provisions prescribed by the relevant building bye-laws concerned State Laws and shall not have an option to make any variation/ alteration/ variation/alteration/modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breachcompetent authoritybreach of the Agreement. The It is agreed by the Parties herein that as a result of any law that may be passed by any legislature or Rule, Regulation or Order or Notification that may be made and/or issued by the Government or any other Authority including a Municipal Authority, the Promoter is unable to complete the development/construction of the said Unit/said Building, then the Promoter may, if so advised, though not bound to do so, at its sole discretion challenge the validity, applicability and/or efficacy of such Legislation, Rule, Order or Notification by moving the appropriate Courts, Tribunal(s) and/or Authority. In such a situation, the payment made by the Allottee(s) is fully in pursuance of this Agreement, shall continue to remain with the Promoter and completely informed and aware the Allottee(s) agrees not to move for or to obtain specific performance of the terms of this Agreement, it being specifically agreed that all Informative Materials, and/or all matters related or incidental thereto, have been, and always will be, merely for the sake of convenience, whereby the terms, conditions, and provisions of this Agreement shall solely and exclusively apply and controlremain in abeyance till final determination by the Court(s)/Tribunal(s)/Authority(ies). The show/sample Unit including all furniture items, electronic goods, amenities etc., if any, are only for representational purposes for depicting lifestyle and illustrating a possible option of the design and layout of the Unit. The Promoter is not liable or obligated to provide the Unit as per show/sample Unit with furniture items, electronic goods, amenities etc. therein. The Promoter shall construct the Project and the Unit in good workmanship manner and shall use the standard quality of material to the best of its knowledge of reliable companies/ appropriate brands on one time basis. The Promoter shall endeavor to provide similar or equivalent brands & specifications of the amenities described in this AgreementHowever, the Allottee(s) have satisfied may, if he/she so desires, become a party along with the Promoter in such litigation to protect Allottee(s) rights arising under this Agreement. In the event of the Promoter succeeding in its challenge to the impugned legislation or Rule, Regulation, Order or Notification as the case may be, it is hereby agreed that this Agreement shall stand revived and the material Allottee(s) shall be used liable to fulfill all obligations as provided in this Agreement. It is further agreed that in the event of the aforesaid challenge of the Promoter to the impugned Legislation/ Order/ Rule/ Regulation/ Notification not succeeding and the said legislation/ order/ rule/ regulation becoming final, absolute and binding, the Promoter will, subject to provisions of law/court order, refund to the Allottee(s), the amounts attributable to the said Unit (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-refundable nature) that have been received from the Allottee(s) by the Promoter is without any interest or compensation of good whatsoever nature within period of 90 days and usable quality and he is agree & give his consent that he/she/it in such manner as may be decided by the Promoter. Save as otherwise provided herein, the Allottee(s) shall not raise have any objection other right or not create any dispute claim of whatsoever nature against the Promoter under or in relation to this matterAgreement.

Appears in 1 contract

Samples: Agreement for Sale

CONSTRUCTION OF THE PROJECT/UNIT. 6.1 The Allottee(s) Allottee has seeninspected seen the Approvals, Plans and proposed layout plan, specifications, amenities and facilities of the ApartmentUnit/Project said Unit and accepted the floor plan, payment plan and the specificationspecifications, amenities and facilities [annexed along with this Agreement Agreement] which has been approved by the competent authoritysameauthority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plansApprovals, Plans plans and specifications, amenities andproposed and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plansPlans plans approved by the competent authorities Authorities and shall also strictly abide by the bye-laws, FAR, FAR and density norms and provisions prescribed by the [Please insert the relevant building bye-laws State laws] and shall not have an option to make any variation/ alteration/ variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breachcompetent authoritybreach of the Agreement. The It is agreed by the Parties herein that as a result of any law that may be passed by any legislature or Rule, Regulation or Order or Notification that may be made and/or issued by the Government or any other Authority including a Municipal Authority, the Promoter is unable to complete the development/construction of the said Unit/said Building, then the Promoter may, if so advised, though not bound to do so, at its sole discretion challenge the validity, applicability and/or efficacy of such Legislation, Rule, Order or Notification by moving the appropriate Courts, Tribunal(s) and/or Authority. In such a situation, the payment made by the Allottee(s) is fully in pursuance of this Agreement, shall continue to remain with the Promoter and completely informed and aware the Allottee(s) agrees not to move for or to obtain specific performance of the terms of this Agreement, it being specifically agreed that all Informative Materials, and/or all matters related or incidental thereto, have been, and always will be, merely for the sake of convenience, whereby the terms, conditions, and provisions of this Agreement shall solely and exclusively apply and controlremain in abeyance till final determination by the Court(s)/Tribunal(s)/Authority(ies). The show/sample Unit including all furniture items, electronic goods, amenities etc., if any, are only for representational purposes for depicting lifestyle and illustrating a possible option of the design and layout of the Unit. The Promoter is not liable or obligated to provide the Unit as per show/sample Unit with furniture items, electronic goods, amenities etc. therein. The Promoter shall construct the Project and the Unit in good workmanship manner and shall use the standard quality of material to the best of its knowledge of reliable companies/ appropriate brands on one time basis. The Promoter shall endeavor to provide similar or equivalent brands & specifications of the amenities described in this AgreementHowever, the Allottee(s) have satisfied may, if he/she so desires, become a party along with the Promoter in such litigation to protect Allottee(s) rights arising under this Agreement. In the event of the Promoter succeeding in its challenge to the impugned legislation or Rule, Regulation, Order or Notification as the case may be, it is hereby agreed that this Agreement shall stand revived and the material Allottee(s) shall be used liable to fulfill all obligations as provided in this Agreement. It is further agreed that in the event of the aforesaid challenge of the Promoter to the impugned Legislation/ Order/ Rule/ Regulation/ Notification not succeeding and the said legislation/ order/ rule/ regulation becoming final, absolute and binding, the Promoter will, subject to provisions of law/court order, refund to the Allottee(s), the amounts attributable to the said Unit (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-refundable nature) that have been received from the Allottee(s) by the Promoter is without any interest or compensation of good whatsoever nature within period of 45 days and usable quality and he is agree & give his consent that he/she/it in such manner as may be decided by the Promoter. Save as otherwise provided herein, the Allottee(s) shall not raise have any objection other right or not create any dispute claim of whatsoever nature against the Promoter under or in relation to this matterAgreement.

Appears in 1 contract

Samples: Agreement for Sale

CONSTRUCTION OF THE PROJECT/UNIT. The Allottee(s) Allottee has seeninspected seen the Approvals, Plans and proposed layout plan, specifications, amenities and facilities specifications of the ApartmentUnit/Project Commercial Space and the Car Parking Space (as more fully mentioned in the Annexure to this Agreement) and accepted the Payment Plan, floor planplans, payment plan and the specification, amenities and facilities layout plans [annexed along with this Agreement Agreement] which has been approved by the competent authoritysameauthority, as represented by the PromoterOwner. The Promoter Owner shall develop the Project in accordance with the said layout Plan and/or such plan slay out plans, floor plansApprovals, Plans plans and specifications, amenities andproposed facilities. Subject to the terms in this AgreementAgreement6, the Promoter Owner undertakes to strictly abide by such plansPlans plans approved by the competent authorities Authorities and shall also strictly abide by the bye-laws, FAR, FAR and density norms and provisions prescribed by the relevant building bye-laws Concerned Authorities and shall not have an option to make any variation/ alteration/ variation/alteration/modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter Owner shall constitute a material breachcompetent authoritybreach of the Agreement. The Allottee(sCompletion Time- Construction, finishing and making the Said unit habitable and the Parking Space, usable as per the Specifications, the decision of the Architect in this regard being final and binding], shall be done by the Developer within 24 months from the commencement of agreement (Completion Date) is fully and completely informed and aware that all Informative Materials, and/or all matters related or incidental thereto, have been, and always will be, merely for however the sake Completion Date may be extended by a period of convenience, whereby 6 (six) months (Extended Period) at the terms, conditions, and provisions of this Agreement shall solely and exclusively apply and control. The show/sample Unit including all furniture items, electronic goods, amenities etc., if any, are only for representational purposes for depicting lifestyle and illustrating a possible option of the design and layout Developer. The Developer shall neither incur any liability nor be held liable for claim of any amount by the Allottee, if the Developer is unable to deliver possession of the Unit. The Promoter is not liable Said Flat within the Completion Date and/or the Extended Period due to Circumstances Of Force Majeure (defined in Clause 7.1 below) or obligated to provide for or on account of (1) delay on the Unit as per show/sample Unit with furniture items, electronic goods, amenities etc. therein. The Promoter shall construct the Project and the Unit in good workmanship manner and shall use the standard quality of material to the best of its knowledge of reliable companies/ appropriate brands on one time basis. The Promoter shall endeavor to provide similar or equivalent brands & specifications part of the amenities described Allottee in this Agreementmaking any payment and (2) any other reasonable cause (for what is a reasonable cause, the Allottee(s) have satisfied that decision of the material Architect shall be used by the Promoter is of good final and usable quality and he is agree & give his consent that he/she/it shall not raise any objection or not create any dispute in this matterconclusive).

Appears in 1 contract

Samples: Agreement for Sale

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CONSTRUCTION OF THE PROJECT/UNIT. The Allottee(s) has seeninspected inspected the Approvals, Plans and proposed layout plan, specifications, amenities and facilities of the ApartmentUnitUnit/Project and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authoritysamesame, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plansApprovalsApprovals, Plans and specifications, amenities andproposed proposed facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plansPlans Plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, FAR and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breachcompetent competent authority. The Allottee(s) is fully and completely informed and aware that all Informative Materials, and/or all matters related or incidental thereto, have been, and always will be, merely for the sake of convenience, whereby the terms, conditions, and provisions of this Agreement shall solely and exclusively apply and control. The show/sample Unit including all furniture items, electronic goods, amenities etc., if any, are only for representational purposes for depicting lifestyle and illustrating a possible option of the design and layout of the Unit. The Promoter is not liable or obligated to provide the Unit as per show/sample Unit with furniture items, electronic goods, amenities etc. therein. The Promoter shall construct the Project and the Unit in good workmanship manner and shall use the standard quality of material to the best of its knowledge of reliable companies/ appropriate brands on one time basis. The Promoter shall endeavor to provide similar or equivalent brands & specifications of the amenities described in this Agreement, the Allottee(s) have satisfied that the material shall be used by the Promoter is of good and usable quality and he is agree & give his consent that he/she/it shall not raise any objection or not create any dispute in this matter.

Appears in 1 contract

Samples: rera.rajasthan.gov.in

CONSTRUCTION OF THE PROJECT/UNIT. The Allottee(s) has seeninspected the Approvals, Plans and proposed layout plan, specifications, amenities and facilities of the ApartmentUnitApartment/ Plot Unit/Project and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authoritysame, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plansApprovals, Plans and specifications, amenities andproposed facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plansPlans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breachcompetent authority. The Allottee(s) is fully and completely informed and aware that all Informative Materials, and/or all matters related or incidental thereto, have been, and always will be, merely for the sake of convenience, whereby the terms, conditions, and provisions of this Agreement shall solely and exclusively apply and control. The show/sample Unit including all furniture items, electronic goods, amenities etc., if any, are only for representational purposes for depicting lifestyle and illustrating a possible option of the design and layout of the Unit. The Promoter is not liable or obligated to provide the Unit as per show/sample Unit with furniture items, electronic goods, amenities etc. therein. The Promoter shall construct the Project and the Unit in good workmanship manner and shall use the standard quality of material to the best of its knowledge of reliable companies/ appropriate brands on one time basis. The Promoter shall endeavor to provide similar or equivalent brands & specifications of the amenities described in this Agreement, the Allottee(s) have satisfied that the material shall be used by the Promoter is of good and usable quality and he is agree & give his consent that he/she/it shall not raise any objection or not create any dispute in this matter.

Appears in 1 contract

Samples: rera.rajasthan.gov.in

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