Common use of Organisation Clause in Contracts

Organisation. (i) The Allottee(s) along with other allottee(s) in the said Project shall join to form and register an organisation or society or association or condominium or a limited company as determined by the Promoter (hereinafter referred to as the said “Organisation”) to be known by such name as the Promoter may decide. For the said purpose, the Allotee(s) shall sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and registration of such Organisation and for becoming a member, including the bye-laws of the proposed Organisation. The Allotee(s) shall duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee(s), so as to enable the Promoter to register the Organisation of allottee(s). No objection shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are to be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. The Promoter shall not be liable for any claims or penalties for delay in forming the Organisation, on account of any delay of the unit owners in complying with the above. (ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex organization (being either an organisation or society or association or condominium or a limited company) (“Apex Organisation”) for the entire development of the said Land or separate apex organisation (being either an organisation or society or association or condominium or a limited company) (“Apex Organisations”) for each of the residential and commercial zones and/ or such other authorized development zones, as the Promoter may deem fit, for the purposes of effective maintenance and management of the entire said Land including for common areas and amenities of the said Land at such time and in such a manner as the Promoter may deem fit to be known by such name as the Promoter may decide, within such period as may be prescribed under the applicable laws. (iii) The Promoter may become a member of the Organisation and/or Apex Organisation to the extent of all unsold and/or un-allotted units, areas and spaces in the said Building and said Land. (iv) The Promoter will have the right to decide upon the phases of development of the said Land . Further, the Promoter will have the right to decide upon which units/s/premises/apartments to be developed first in the Project. All the unit/s/premises/apartments may not be constructed simultaneously. The Project will be completed in various construction phases/slabs and availability of common amenities, facilities, services will be dependent on the construction phasing and planning as mentioned in this Agreement. (v) The Promoter proposes to maintain the Amenities and upkeep the said Land , until the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable), as per the terms of this Agreement. With this view in mind, the Promoter shall appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners, users, occupants etc. of the said Land ) for the maintenance and up-keep of the same., Even after formation of the Organisation or Apex Organisation or Apex Organisations, such Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their unequivocal consent for the same. For this purposes the Promoter shall provide suitable provisions in the documents and deeds executed for the purpose of formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable). For the services rendered by such Maintenance Agency for the said Project, the Maintenance Agency shall charge 10% of the billed amounts to all residents of the said Project, which the Allottee(s) undertake/s to pay at all times. (vi) The Promoter and/ or the Maintenance Agency shall make provisions for payment of CAM Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable) for the purposes of maintenance of the Building and Amenities of the Project. (vii) The Allottee(s) ▇▇▇▇▇▇ agrees and confirms that from the CAM Commencement Date, the Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in respect of the said Building in which the said Unit is located (namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance) until the conveyance of the said Building to the Organisation, irrespective of whether the Allottee(s) is in occupation of the said Unit or not and construction activity is continuing in adjacent tower/ buildings and infrastructure, facilities and amenities are not fully completed. The Allottee(s) further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until the handover of administration and accounts by the Promoter in favour of the Organisation (once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the competent authorities and / or concerned local authorities and proportionate charges to the Promoter, as may be demanded, from time to time. (viii) In case of failure of the Allottee(s) to pay the CAM Charges or other charges on or before the due date, the Allottee(s) in addition to permitting the Promoter and/or Maintenance Agency to deny him the maintenance services, facilities, amenities etc. also authorizes the Promoter and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit of maintenance charges against such defaults in the payments of CAM Charges and in case such accrued interest falls short of the amount of the default, the Allottee(s) further authorize/s the Promoter and/or Maintenance Agency to adjust the principal amount of the CAM Charges against such defaults. If due to such adjustments in the principal amount, the CAM Charges falls below a certain amount, as informed by the Promoter and/or Maintenance Agency, then the Allottee(s) hereby undertake/s to make good the resultant shortfall within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. Further, the Promoter and/or Maintenance Agency reserves the right to increase CAM Charges and/or deposits pursuant to the same, from time to time in keeping with the increase in the cost of maintenance services and the Allottee(s) agrees to pay such increases within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. (ix) Upon the said Organisation being formed and registered, the rights, benefits and interests of the Allottee(s) shall be governed and regulated by the bye-laws, rules and regulations thereof, but expressly subject to the terms, conditions, convents, stipulations and provisions of this Agreement. (x) It is in the interest of Allottee(s) to help the Maintenance Agency in effectively keeping the said Unit, and Project/Complex secured in all ways. Allottee(s) hereby agree/s that for the purpose of security, the Maintenance Agency shall be free to restrict the entry of visitors, which the security appointed by the Maintenance Agency, feel suspicious. The Allottee(s) ▇▇▇▇▇▇ agrees to abide by all the rules and regulations framed by the Maintenance Agency as may be framed by the Maintenance Agency from time to time for the upkeep and maintenance of the Project and the Building. (xi) An application form, declaration and other forms for the purpose of enrolling Allottee(s) as a member of the said Organisation is attached herewith duly executed as “Annexure L, M, N, O & P ”.

Appears in 1 contract

Sources: Apartment Buyer’s Agreement

Organisation. (i) The Allottee(s) along with other allottee(s) in the said Phase II Project shall join to form and register an organisation or society or association or condominium or a limited company as determined by the Promoter (hereinafter referred to as the said “Organisation”) to be known by such name as the Promoter may decide. For the said purpose, the Allotee(s) shall sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and registration of such Organisation and for becoming a member, including the bye-laws of the proposed Organisation. The Allotee(s) shall duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee(s), so as to enable the Promoter to register the Organisation of allottee(s). No objection shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are to be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. The Promoter shall not be liable for any claims or penalties for delay in forming the Organisation, on account of any delay of the unit owners in complying with the above. (ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex organization (being either an organisation or society or association or condominium or a limited company) (“Apex Organisation”) for the entire development of the said Land Larger Property or separate apex organisation (being either an organisation or society or association or condominium or a limited company) (“Apex Organisations”) for each of the residential and commercial zones and/ or such other authorized development zones, as the Promoter may deem fit, for the purposes of effective maintenance and management of the entire said Land Larger Property including for common areas and amenities of the said Land Larger Property at such time and in such a manner as the Promoter may deem fit to be known by such name as the Promoter may decide, within such period as may be prescribed under the applicable laws. (iii) The Promoter may become a member of the Organisation and/or Apex Organisation to the extent of all unsold and/or un-allotted units, areas and spaces in the said Building and said Land. (iv) The Promoter will have the right to decide upon the phases of development of the said Land Larger Property. Further, the Promoter will have the right to decide upon which units/s/premises/apartments to be developed first in the Phase II Project. All the unit/s/premises/apartments may not be constructed simultaneously. The Phase II Project will be completed in various construction phases/slabs and availability of common amenities, facilities, services will be dependent on the construction phasing and planning as mentioned in this Agreement. (v) The Promoter proposes to maintain the Amenities and upkeep the said Land Larger Property, until the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable), as per the terms of this Agreement. With this view in mind, the Promoter shall appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners, users, occupants etc. of the said Land Larger Property) for the maintenance and up-keep of the same., Even after formation of the Organisation or Apex Organisation or Apex Organisations, such Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their unequivocal consent for the same. For this purposes the Promoter shall provide suitable provisions in the documents and deeds executed for the purpose of formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable). For the services rendered by such Maintenance Agency for the said Phase II Project, the Maintenance Agency shall charge 10% of the billed amounts to all residents of the said Phase II Project, which the Allottee(s) undertake/s to pay at all times. (vi) The Promoter and/ or the Maintenance Agency shall make provisions for payment of CAM Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable) for the purposes of maintenance of the Building and Amenities of the ProjectPhase II Project and the Larger Property. (vii) The Allottee(s) ▇▇▇▇▇▇ hereby agrees and confirms that from the CAM Commencement Date, the Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in respect of the said Building in which the said Unit is located (namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, insurance, common lights, repairs and salaries of clerks bill ▇▇▇▇ collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance) until the conveyance of the said Building to the Organisation, irrespective of whether the Allottee(s) is in occupation of the said Unit or not and construction activity is continuing in adjacent tower/ buildings and infrastructure, facilities and amenities are not fully completed. The Allottee(s) further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until the handover of administration and accounts by the Promoter in favour of the Organisation (once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the competent authorities and / or concerned local authorities and proportionate charges to the Promoter, as may be demanded, from time to time. (viii) In case of failure of the Allottee(s) to pay the CAM Charges or other charges on or before the due date, the Allottee(s) in addition to permitting the Promoter and/or Maintenance Agency to deny him the maintenance services, facilities, amenities etc. also authorizes the Promoter and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit of maintenance charges against such defaults in the payments of CAM Charges and in case such accrued interest falls short of the amount of the default, the Allottee(s) further authorize/s the Promoter and/or Maintenance Agency to adjust the principal amount of the CAM Charges against such defaults. If due to such adjustments in the principal amount, the CAM Charges falls below a certain amount, as informed by the Promoter and/or Maintenance Agency, then the Allottee(s) hereby undertake/s to make good the resultant shortfall within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. Further, the Promoter and/or Maintenance Agency reserves the right to increase CAM Charges and/or deposits pursuant to the same, from time to time in keeping with the increase in the cost of maintenance services and the Allottee(s) agrees to pay such increases within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. (ix) Upon the said Organisation being formed and registered, the rights, benefits and interests of the Allottee(s) shall be governed and regulated by the bye-laws, rules and regulations thereof, but expressly subject to the terms, conditions, convents, stipulations and provisions of this Agreement. (x) It is in the interest of Allottee(s) to help the Maintenance Agency in effectively keeping the said Unit, and Project/Complex secured in all ways. Allottee(s) hereby agree/s that for the purpose of security, the Maintenance Agency shall be free to restrict the entry of visitors, which the security appointed by the Maintenance Agency, feel suspicious. The Allottee(s) ▇▇▇▇▇▇ hereby agrees to abide by all the rules and regulations framed by the Maintenance Agency as may be framed by the Maintenance Agency from time to time for the upkeep and maintenance of the Phase II Project and the Building. (xi) An application form, declaration and other forms for the purpose of enrolling Allottee(s) as a member of the said Organisation is attached herewith duly executed as “Annexure L, M, N, O & P ”.

Appears in 1 contract

Sources: Apartment Buyer’s Agreement

Organisation. (i) The Allottee(s) along with other allottee(s) in the said Phase I Project shall join to form and register an organisation or society or association or condominium or a limited company as determined by the Promoter (hereinafter referred to as the said “Organisation”) to be known by such name as the Promoter may decide. For the said purpose, the Allotee(s) shall sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and registration of such Organisation and for becoming a member, including the bye-laws of the proposed Organisation. The Allotee(s) shall duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee(s), so as to enable the Promoter to register the Organisation of allottee(s). No objection shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are to be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. The Promoter shall not be liable for any claims or penalties for delay in forming the Organisation, on account of any delay of the unit owners in complying with the above. (ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex organization (being either an organisation or society or association or condominium or a limited company) (“Apex Organisation”) for the entire development of the said Land or separate apex organisation (being either an organisation or society or association or condominium or a limited company) (“Apex Organisations”) for each of the residential and commercial zones and/ or such other authorized development zones, as the Promoter may deem fit, for the purposes of effective maintenance and management of the entire said Land including for common areas and amenities of the said Land at such time and in such a manner as the Promoter may deem fit to be known by such name as the Promoter may decide, within such period as may be prescribed under the applicable laws. (iii) The Promoter may become a member of the Organisation and/or Apex Organisation to the extent of all unsold and/or un-allotted units, areas and spaces in the said Building and said Land. (iv) The Promoter will have the right to decide upon the phases of development of the said Land . Further, the Promoter will have the right to decide upon which units/s/premises/apartments to be developed first in the Phase I Project. All the unit/s/premises/apartments may not be constructed simultaneously. The Phase I Project will be completed in various construction phases/slabs and availability of common amenities, facilities, services will be dependent on the construction phasing and planning as mentioned in this Agreement. (v) The Promoter proposes to maintain the Amenities and upkeep the said Land , until the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable), as per the terms of this Agreement. With this view in mind, the Promoter shall appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners, users, occupants etc. of the said Land ) for the maintenance and up-keep of the same., Even after formation of the Organisation or Apex Organisation or Apex Organisations, such Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their unequivocal consent for the same. For this purposes the Promoter shall provide suitable provisions in the documents and deeds executed for the purpose of formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable). For the services rendered by such Maintenance Agency for the said Phase I Project, the Maintenance Agency shall charge 10% of the billed amounts to all residents of the said Phase I Project, which the Allottee(s) undertake/s to pay at all times. (vi) The Promoter and/ or the Maintenance Agency shall make provisions for payment of CAM Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable) for the purposes of maintenance of the Building and Amenities of the Phase I Project. (vii) The Allottee(s) ▇▇▇▇▇▇ agrees and confirms that from the CAM Commencement Date, the Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in respect of the said Building in which the said Unit is located (namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance) until the conveyance of the said Building to the Organisation, irrespective of whether the Allottee(s) is in occupation of the said Unit or not and construction activity is continuing in adjacent tower/ buildings and infrastructure, facilities and amenities are not fully completed. The Allottee(s) further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until the handover of administration and accounts by the Promoter in favour of the Organisation (once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the competent authorities and / or concerned local authorities and proportionate charges to the Promoter, as may be demanded, from time to time. (viii) In case of failure of the Allottee(s) to pay the CAM Charges or other charges on or before the due date, the Allottee(s) in addition to permitting the Promoter and/or Maintenance Agency to deny him the maintenance services, facilities, amenities etc. also authorizes the Promoter and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit of maintenance charges against such defaults in the payments of CAM Charges and in case such accrued interest falls short of the amount of the default, the Allottee(s) further authorize/s the Promoter and/or Maintenance Agency to adjust the principal amount of the CAM Charges against such defaults. If due to such adjustments in the principal amount, the CAM Charges falls below a certain amount, as informed by the Promoter and/or Maintenance Agency, then the Allottee(s) hereby undertake/s to make good the resultant shortfall within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. Further, the Promoter and/or Maintenance Agency reserves the right to increase CAM Charges and/or deposits pursuant to the same, from time to time in keeping with the increase in the cost of maintenance services and the Allottee(s) agrees to pay such increases within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. (ix) Upon the said Organisation being formed and registered, the rights, benefits and interests of the Allottee(s) shall be governed and regulated by the bye-laws, rules and regulations thereof, but expressly subject to the terms, conditions, convents, stipulations and provisions of this Agreement. (x) It is in the interest of Allottee(s) to help the Maintenance Agency in effectively keeping the said Unit, and Phase I Project/Complex secured in all ways. Allottee(s) hereby agree/s that for the purpose of security, the Maintenance Agency shall be free to restrict the entry of visitors, which the security appointed by the Maintenance Agency, feel suspicious. The Allottee(s) ▇▇▇▇▇▇ agrees to abide by all the rules and regulations framed by the Maintenance Agency as may be framed by the Maintenance Agency from time to time for the upkeep and maintenance of the Phase I Project and the Building. (xi) An application form, declaration and other forms for the purpose of enrolling Allottee(s) as a member of the said Organisation is attached herewith duly executed as “Annexure L, M, N, O & P ”.

Appears in 1 contract

Sources: Apartment Buyer’s Agreement

Organisation. (i) I. The Allottee(s) along with other allottee(s) in the said Project shall join to form and register an organisation organization or society or association or condominium or a limited company as determined by the Promoter (hereinafter referred to as the said OrganisationOrganization”) to be known by such name as the Promoter may decide, for the purpose of external maintenance and general upkeep of the Project and Project Land. For the said purpose, the Allotee(sAllottee(s) shall sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and registration of such Organisation Organization, and for becoming a member, including the bye-laws of the proposed OrganisationOrganization. The Allotee(sAllottee(s) shall duly fill in, sign and return to the Promoter within seven 7 (seven) days of the same being forwarded by the Promoter to the Allottee(s), so as to enable the Promoter to register the Organisation Organization of allottee(s). No objection shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are to may be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Cooperative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. The Promoter shall not be liable for any claims or penalties for delay in forming the OrganisationOrganization, on account of any delay of the unit owners in complying with the above.; (ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex organization (being either an organisation or society or association or condominium or a limited company) (“Apex Organisation”) for the entire development of the said Land or separate apex organisation (being either an organisation or society or association or condominium or a limited company) (“Apex Organisations”) for each of the residential and commercial zones and/ or such other authorized development zones, as the Promoter may deem fit, for the purposes of effective maintenance and management of the entire said Land including for common areas and amenities of the said Land at such time and in such a manner as the Promoter may deem fit to be known by such name as the Promoter may decide, within such period as may be prescribed under the applicable laws. (iii) II. The Promoter may become a member of the Organisation and/or Apex Organisation Organization, to the extent of all unsold and/or un-allotted units, areas and spaces in the said Building Project and said Project Land.; (iv) The Promoter will have the right to decide upon the phases of development of the said Land III. Further, the Promoter will have the right to decide upon which units/s/premises/apartments to be developed first in the Project. All the unit/s/premises/apartments may not be constructed simultaneously. The Project will be completed in various construction phases/slabs and availability of common amenities, facilities, services will be dependent on the construction phasing and planning as mentioned in this Agreement. (v) The Promoter proposes to maintain the Amenities and upkeep the said Land Project and Project Land, until the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations Organization (as may be applicable), or for a maximum period of 3 years from the CAEM commencement date, as per the terms of this Agreement. With this view in mind, the Promoter shall may appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners, users, occupants etc. of the said Land ) Project Land), for the maintenance and up-keep of the same., . Even after formation of the Organisation Organization, the Promoter or Apex Organisation or Apex Organisations, such Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their his unequivocal consent for the same. For this purposes purpose, the Promoter shall provide suitable provisions in the documents and deeds executed for the purpose of formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable)Organization; IV. For the services rendered by such Maintenance Agency for the said Project, the Maintenance Agency shall charge 10% of the billed amounts to all residents of the said Project, which the Allottee(s) undertake/s to pay at all times. (vi) The Promoter and/ or and/or the Maintenance Agency shall make provisions for payment of CAM CAEM Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable) Organization for the purposes purpose of maintenance of the Building Project and Amenities of the Project.Project and Project Land; (vii) V. The Allottee(s) ▇▇▇▇▇▇ agrees and confirms that from the CAM CAEM Commencement Date, the Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in respect of the said Building in which the said Unit is located and Project (namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidarssecurity, sweepers and all other expenses necessary and incidental to the management and maintenance) until the conveyance of the said Building to the Organisation), irrespective of whether the Allottee(s) is in occupation of the said Unit or not not, and irrespective if construction activity is continuing in adjacent tower/ buildings and infrastructure, facilities and amenities Amenities are not fully completed. The Allottee(s) further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until the handover of administration and accounts by the Promoter in favour of the Organisation Organization (once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the competent authorities and / or and/or concerned local authorities and proportionate charges to the Promoter, as may be demanded, from time to time.; (viii) VI. In case of failure of the Allottee(s) to pay the CAM CAEM Charges or other charges on or before the due date, the Allottee(s) ), in addition to permitting the Promoter Promoter/Organization and/or Maintenance Agency to deny him the maintenance services, facilities, amenities Amenities etc. also authorizes the Promoter Promoter/Organization and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit of maintenance charges against such defaults in the payments of CAM Charges CAEM Charges, and in case such accrued interest falls short of the amount of the default, the Allottee(s) further authorizeauthorizes the Promoter/s the Promoter Organization and/or Maintenance Agency to adjust the principal amount of the CAM CAEM Charges against such defaults. If due to such adjustments in the principal amount, the CAM CAEM Charges falls below a certain amount, as informed by the Promoter Promoter/Organization and/or Maintenance Agency, then the Allottee(s) hereby undertake/s undertakes to make good the resultant shortfall within fifteen (15) days of demand by the Promoter Promoter/Organization and/or Maintenance Agency. Further, the Promoter Promoter/Organization and/or Maintenance Agency reserves the right to increase CAM CAEM Charges and/or deposits pursuant to the same, from time to time time, in keeping with the increase in the cost of maintenance services services, and the Allottee(s) agrees to pay such increases increase within fifteen (15) days of demand by the Promoter Promoter/Organization and/or Maintenance Agency.; (ix) VII. Upon the said Organisation Organization being formed and registered, the rights, benefits and interests of the Allottee(s) shall be governed and regulated by the bye-bye- laws, rules and regulations thereof, but expressly subject to the terms, conditions, convents, stipulations and provisions of this Agreement.; (x) VIII. It is in the interest of Allottee(s) to help the Promoter/Organization and/or Maintenance Agency in effectively keeping the said Unit, Unit and Project/Complex Project secured in all ways. The Allottee(s) hereby agree/s agrees that for the purpose of security, the Promoter/Organization and/or Maintenance Agency shall be free to restrict the entry of visitors, which the security appointed by the Promoter/Organization and/or Maintenance Agency, feel suspicious. The Allottee(s) ▇▇▇▇▇▇ hereby agrees to abide by all the rules and regulations framed by the Maintenance Agency as may be framed by the Promoter/Organization and/or Maintenance Agency from time to time for the upkeep and maintenance of the Project and the Building.Project Land. The Allottee(s) further agrees to sign and execute all and any documents forwarded to him by the Promoter including a Maintenance Agreement, if deemed necessary; (xi) An IX. All application formforms, declaration declarations and other forms for the purpose of enrolling the Allottee(s) as a member of the said Organisation is attached herewith Organization shall be duly executed signed and returned back to the Promoter as “Annexure L, M, N, O & P ”.and when demanded;

Appears in 1 contract

Sources: Sale Agreement

Organisation. (i) The Allottee(s) along with other allottee(s) in the said Project shall join to form and register an organisation or society or association or condominium or a limited company as determined by the Promoter (hereinafter referred to as the said “Organisation”) to be known by such name as the Promoter may decide. For the said purpose, the Allotee(s) shall sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and registration of such Organisation and for becoming a member, including the bye-laws of the proposed Organisation. The Allotee(s) shall duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee(s), so as to enable the Promoter to register the Organisation of allottee(s). No objection shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are to be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. The Promoter shall not be liable for any claims or penalties for delay in forming the Organisation, on account of any delay of the unit owners in complying with the above. (ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex organization (being either an organisation or society or association or condominium or a limited company) (“Apex Organisation”) for the entire development of the said Land Larger Property or separate apex organisation (being either an organisation or society or association or condominium or a limited company) (“Apex Organisations”) for each of the residential and commercial zones and/ or such other authorized development zones, as the Promoter may deem fit, for the purposes of effective maintenance and management of the entire said Land Larger Property including for common areas and amenities of the said Land Larger Property at such time and in such a manner as the Promoter may deem fit to be known by such name as the Promoter may decide, within such period as may be prescribed under the applicable laws. (iii) The Promoter may become a member of the Organisation and/or Apex Organisation to the extent of all unsold and/or un-allotted units, areas and spaces in the said Building and said LandLarger Property . (iv) The Promoter will have the right to decide upon the phases of development of the said Land Larger Property. Further, the Promoter will have the right to decide upon which units/s/premises/apartments to be developed first in the Project. All the unit/s/premises/apartments may not be constructed simultaneously. The Project will be completed in various construction phases/slabs and availability of common amenities, facilities, services will be dependent on the construction phasing and planning as mentioned in this Agreement. (v) The Promoter proposes to maintain the Amenities and upkeep the said Land Larger Property, until the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable), as per the terms of this Agreement. With this view in mind, the Promoter shall appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners, users, occupants etc. of the said Land Larger Property) for the maintenance and up-keep of the same., Even after formation of the Organisation or Apex Organisation or Apex Organisations, such Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their unequivocal consent for the same. For this purposes the Promoter shall provide suitable provisions in the documents and deeds executed for the purpose of formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable). For the services rendered by such Maintenance Agency for the said Project, the Maintenance Agency shall charge 10% of the billed amounts to all residents of the said Project, which the Allottee(s) undertake/s to pay at all times. (vi) The Promoter and/ or the Maintenance Agency shall make provisions for payment of CAM Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable) for the purposes of maintenance of the Building and Amenities of the ProjectProject and the Larger Property. (vii) The Allottee(s) ▇▇▇▇▇▇ hereby agrees and confirms that from the CAM Commencement Date, the Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in respect of the said Building in which the said Unit is located (namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, insurance, common lights, repairs and salaries of clerks bill ▇▇▇▇ collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance) until the conveyance of the said Building to the Organisation, irrespective of whether the Allottee(s) is in occupation of the said Unit or not and construction activity is continuing in adjacent tower/ buildings and infrastructure, facilities and amenities are not fully completed. The Allottee(s) further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until the handover of administration and accounts by the Promoter in favour of the Organisation (once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the competent authorities and / or concerned local authorities and proportionate charges to the Promoter, as may be demanded, from time to time. (viii) In case of failure of the Allottee(s) to pay the CAM Charges or other charges on or before the due date, the Allottee(s) in addition to permitting the Promoter and/or Maintenance Agency to deny him the maintenance services, facilities, amenities etc. also authorizes the Promoter and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit of maintenance charges against such defaults in the payments of CAM Charges and in case such accrued interest falls short of the amount of the default, the Allottee(s) further authorize/s the Promoter and/or Maintenance Agency to adjust the principal amount of the CAM Charges against such defaults. If due to such adjustments in the principal amount, the CAM Charges falls below a certain amount, as informed by the Promoter and/or Maintenance Agency, then the Allottee(s) hereby undertake/s to make good the resultant shortfall within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. Further, the Promoter and/or Maintenance Agency reserves the right to increase CAM Charges and/or deposits pursuant to the same, from time to time in keeping with the increase in the cost of maintenance services and the Allottee(s) agrees to pay such increases within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. (ix) Upon the said Organisation being formed and registered, the rights, benefits and interests of the Allottee(s) shall be governed and regulated by the bye-laws, rules and regulations thereof, but expressly subject to the terms, conditions, convents, stipulations and provisions of this Agreement. (x) It is in the interest of Allottee(s) to help the Maintenance Agency in effectively keeping the said Unit, and Project/Complex secured in all ways. Allottee(s) hereby agree/s that for the purpose of security, the Maintenance Agency shall be free to restrict the entry of visitors, which the security appointed by the Maintenance Agency, feel suspicious. The Allottee(s) ▇▇▇▇▇▇ hereby agrees to abide by all the rules and regulations framed by the Maintenance Agency as may be framed by the Maintenance Agency from time to time for the upkeep and maintenance of the Project and the Building. (xi) An application form, declaration and other forms for the purpose of enrolling Allottee(s) as a member of the said Organisation is attached herewith duly executed as “Annexure L, M, N, O & P ”.

Appears in 1 contract

Sources: Sale Agreement

Organisation. (i) The Allottee(s) along with other allottee(s) in the said Project shall join to form and register an organisation or society or association or condominium or a limited company as determined by the Promoter (hereinafter referred to as the said “Organisation”) to be known by such name as the Promoter may decide. For the said purpose, the Allotee(s) shall sign and execute the application for registration and/or membership and other papers and documents necessary for the formation and registration of such Organisation and for becoming a member, including the bye-laws of the proposed Organisation. The Allotee(s) shall duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee(s), so as to enable the Promoter to register the Organisation of allottee(s). No objection shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are to be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies as the case may be, or any other Competent Authority. The Promoter shall not be liable for any claims or penalties for delay in forming the Organisation, on account of any delay of the unit owners in complying with the above. (ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex organization (being either an organisation or society or association or condominium or a limited company) (“Apex Organisation”) for the entire development of the said Land Larger Property or separate apex organisation (being either an organisation or society or association or condominium or a limited company) (“Apex Organisations”) for each of the residential and commercial zones and/ or such other authorized development zones, as the Promoter may deem fit, for the purposes of effective maintenance and management of the entire said Land Larger Property including for common areas and amenities of the said Land Larger Property at such time and in such a manner as the Promoter may deem fit to be known by such name as the Promoter may decide, within such period as may be prescribed under the applicable laws. (iii) The Promoter may become a member of the Organisation and/or Apex Organisation to the extent of all unsold and/or un-allotted units, areas and spaces in the said Building and said LandLarger Property . (iv) The Promoter will have the right to decide upon the phases of development of the said Land Larger Property. Further, the Promoter will have the right to decide upon which units/s/premises/apartments to be developed first in the Project. All the unit/s/premises/apartments may not be constructed simultaneously. The Project will be completed in various construction phases/slabs and availability of common amenities, facilities, services will be dependent on the construction phasing and planning as mentioned in this Agreement. (v) The Promoter proposes to maintain the Amenities and upkeep the said Land Larger Property, until the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable), as per the terms of this Agreement. With this view in mind, the Promoter shall appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners, users, occupants etc. of the said Land Larger Property) for the maintenance and up-keep of the same., Even after formation of the Organisation or Apex Organisation or Apex Organisations, such Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their unequivocal consent for the same. For this purposes the Promoter shall provide suitable provisions in the documents and deeds executed for the purpose of formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable). For the services rendered by such Maintenance Agency for the said Project, the Maintenance Agency shall charge 10% of the billed amounts to all residents of the said Project, which the Allottee(s) undertake/s to pay at all times. (vi) The Promoter and/ or the Maintenance Agency shall make provisions for payment of CAM Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations (as may be applicable) for the purposes of maintenance of the Building and Amenities of the ProjectProject and the Larger Property. (vii) The Allottee(s) ▇▇▇▇▇▇ agrees and confirms that from the CAM Commencement Date, the Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in respect of the said Building in which the said Unit is located (namely local taxes, betterment charges or such other levies by the concerned local authority and/or government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance) until the conveyance of the said Building to the Organisation, irrespective of whether the Allottee(s) is in occupation of the said Unit or not and construction activity is continuing in adjacent tower/ buildings and infrastructure, facilities and amenities are not fully completed. The Allottee(s) further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until the handover of administration and accounts by the Promoter in favour of the Organisation (once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the competent authorities and / or concerned local authorities and proportionate charges to the Promoter, as may be demanded, from time to time. (viii) In case of failure of the Allottee(s) to pay the CAM Charges or other charges on or before the due date, the Allottee(s) in addition to permitting the Promoter and/or Maintenance Agency to deny him the maintenance services, facilities, amenities etc. also authorizes the Promoter and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit of maintenance charges against such defaults in the payments of CAM Charges and in case such accrued interest falls short of the amount of the default, the Allottee(s) further authorize/s the Promoter and/or Maintenance Agency to adjust the principal amount of the CAM Charges against such defaults. If due to such adjustments in the principal amount, the CAM Charges falls below a certain amount, as informed by the Promoter and/or Maintenance Agency, then the Allottee(s) hereby undertake/s to make good the resultant shortfall within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. Further, the Promoter and/or Maintenance Agency reserves the right to increase CAM Charges and/or deposits pursuant to the same, from time to time in keeping with the increase in the cost of maintenance services and the Allottee(s) agrees to pay such increases within fifteen (15) days of demand by the Promoter and/or Maintenance Agency. (ix) Upon the said Organisation being formed and registered, the rights, benefits and interests of the Allottee(s) shall be governed and regulated by the bye-laws, rules and regulations thereof, but expressly subject to the terms, conditions, convents, stipulations and provisions of this Agreement. (x) It is in the interest of Allottee(s) to help the Maintenance Agency in effectively keeping the said UnitFlat, and Project/Complex secured in all ways. Allottee(s) hereby agree/s that for the purpose of security, the Maintenance Agency shall be free to restrict the entry of visitors, which the security appointed by the Maintenance Agency, feel suspicious. The Allottee(s) ▇▇▇▇▇▇ agrees to abide by all the rules and regulations framed by the Maintenance Agency as may be framed by the Maintenance Agency from time to time for the upkeep and maintenance of the Project and the Building. (xi) An application form, declaration and other forms for the purpose of enrolling Allottee(s) as a member of the said Organisation is attached herewith duly executed as “Annexure L, M, N, O NO & P P”.

Appears in 1 contract

Sources: Apartment Buyer’s Agreement