Common use of Developer's Obligation Clause in Contracts

Developer's Obligation. 1. To apply for and obtain electricity, water and sewerage connections and other essential public, utility services, facilities, or any part thereof in or upon the said newly constructed premises or any part thereof. 2. The developer will provide Completion Certificate (C.C.) / Occupancy Certificate (O.C) from the concerned authority at its own cost within six months from the date of completion of the entire project. 3. It is agreed that in the event of any damage or injury arising out of accidents resulting from carelessness of the workmen or other, victimizing such workmen or any other persons whatsoever or causing any harm to the property during the course of construction under the development project the Developer shall have all the responsibility, and liability. 4. In case of any defect in construction of the Project or part thereof at the Project Properties whether detected while the work is in progress or within one year after Completion, Developer shall take immediate steps to rectify the defect either on its own or upon receipt of any notice from the Owner and/or the Intending Buyers to rectify such defects and all costs, charges and expenses in this connection shall be borne and paid by Developer. Upon such rectification the Developer shall furnish a certificate of the Architect confirming removal of defect. 5. The Project as a whole and the New Buildings / Towers within the Complex shall be constructed under the supervision and guidance of the Architects / Engineers appointed by the Developer. The decision of the Architect / Engineers as to the specification and quality of the materials shall be final, binding and conclusive on the parties. 6. The Developer shall comply with the provisions of West Bengal Housing Industry Regulation Act, 2017 (HIRA) and Rules made thereunder for implementation of this Agreement and the Developer shall comply with, perform and fulfill the terms and conditions contained in this agreement and the provisions contained in HIRA and Rules made thereunder. 7. The Developer has, in accordance with the provisions of West Bengal Housing Industry Regulation Act, 2017 (HIRA) and Rules framed thereunder, registered the Project with the Housing Industry Regulatory Authority vide No. 8. The Developer shall, at its own costs and expenses, complete the construction of the project complex (including the Common Areas and Installations and the Common Facilities) on the Project Properties upon due compliance of the sanctioned Plans and Applicable Laws affecting the same as they may be advised by its Architects or directed by the concerned Municipal Authority or other authorities and as per the Specifications mentioned herein. In the Complex, the Developer shall provide all necessary Common Areas and Installations, safe- guard measures in conformity with HIRA and Rules made thereunder. 9. The Developer confirms and declares that the developer shall be liable and/or responsible for payment of GST, if applicable, on account of construction of the buildings comprised with the project, out of its own fund.

Developer's Obligation. 1. Subject to the Purchaser making payment of the amount to be paid by the Purchaser as provided for in the Third Schedule hereunder written the Developer hereby agrees: a) To apply for erect construct and obtain electricity, water and sewerage connections and other essential public, utility services, facilities, or any part thereof in or upon complete the said newly constructed premises or any part thereofUnit more fully and particularly described in the Second Schedule hereunder written for/ and on behalf of and on account of the Purchaser. b) To construct erect and complete the said Building in accordance with the said plan sanctioned by the Howrah Zilla Parishad together with sanitary and electrical installation. 2. The Notwithstanding anything contained in this Agreement, the developer will provide Completion Certificate (C.C.) / Occupancy Certificate (O.C) from the concerned authority at its own cost within six shall liable to give possession by XX months from the date of completion of the entire projectthis agreement. 3. It is agreed that in In no event the event Purchaser shall be entitled to claim any amount of any damage from the developer on account of loss or damage or injury arising out of accidents resulting otherwise if the said Building is not completed within the aforesaid date and the Purchaser hereby agrees not to claim any loss or damage from carelessness of the workmen or other, victimizing such workmen or developer on any other persons whatsoever or causing any harm to the property during the course of construction under the development project the Developer shall have all the responsibility, and liabilityaccount whatsoever. 4. In case of any defect in construction of the Project or part thereof at the Project Properties whether detected while the work is in progress or within one year after Completion, Developer shall take immediate steps to rectify the defect either on its own or upon receipt of any notice from the Owner and/or the Intending Buyers to rectify such defects and all costs, charges and expenses in this connection shall be borne and paid by Developer. Upon such rectification the Developer shall furnish a certificate of the Architect confirming removal of defect. 5. The Project as a whole and the New Buildings / Towers within the Complex shall be constructed under the supervision and guidance of the Architects / Engineers appointed by the Developer. The decision of the Architect / Engineers as to the specification and quality of the materials shall be final, binding and conclusive on the parties. 6. The Developer shall comply with not however incur any liability or be held liable nor the provisions of West Bengal Housing Industry Regulation ActPurchaser shall claim any amount from the Developer, 2017 (HIRA) and Rules made thereunder for implementation of this Agreement and if the Developer shall comply with, perform and fulfill the terms and conditions contained in this agreement and the provisions contained in HIRA and Rules made thereunder. 7. The Developer has, in accordance with the provisions of West Bengal Housing Industry Regulation Act, 2017 (HIRA) and Rules framed thereunder, registered the Project with the Housing Industry Regulatory Authority vide No. 8. The Developer shall, at its own costs and expenses, complete the construction is unable to deliver possession of the project complex (including said Unit within the Common Areas and Installations and stipulated period or if the Common Facilities) on the Project Properties upon due compliance completion of the sanctioned Plans and Applicable Laws affecting said building or the same as they may be advised said unit is delayed by its Architects or directed by the concerned Municipal Authority or other authorities and as per the Specifications mentioned herein. In the Complex, the Developer shall provide all necessary Common Areas and Installations, safe- guard measures in conformity with HIRA and Rules made thereunder. 9. The Developer confirms and declares that the developer shall be liable and/or responsible for payment of GST, if applicable, on account of construction (a) any notice order injunction of Court Rules or Notification of the buildings comprised with Government or any other Public Authority, ( b) delay in the projectgrant of the building occupancy certificate, out water and sewerage and drainage connection, or electric or cable connection or any other permission or sanction by the Government or the Howrah ZillaParishad or due to any other circumstances beyond the control of its own fundthe Developer (c) any Act of God, ( d) delay in obtaining the delivery of the lifts, ( e) delay on the part of the Purchaser to make payments, (f) any other reasonable cause ( for what is a reasonable cause or not, the certificate of Architect shall be final and conclusive ) whereby the Developer is prevented from completing the said building or any portion thereof. In no event shall the Purchaser be entitled to claim any amount from the Developer on account of loss and damages or otherwise if the said Building or the said Unit is not completed within the stipulated period.