Common use of POSSESSION OF THE COUNTRY HOME Clause in Contracts

POSSESSION OF THE COUNTRY HOME. 7.1 Schedule for possession of the Country Home: The PROMOTER/ DEVELOPER agrees and understands that timely delivery of possession of the Country Home to the Allottee and the Common Areas to the nominated maintenance agency is the essence of the Agreement. The PROMOTER/ DEVELOPER assures to hand over possession of the Country Home along with ready and complete common areas with all specifications, amenities and facilities of the Project (except Club which will be available upon completion of Complex) in place on ………………………., unless there is delay or failure due to war, flood, draught, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the PROMOTER/ DEVELOPER shall be entitled to the extension of time for delivery of possession of the Country Home. Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it become impossible for the PROMOTER/ DEVELOPER to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the PROMOTER/ DEVELOPER shall refund to the Allottee the entire amount received by the PROMOTER/ DEVELOPER from allotment within 45 (forty-five) days from that date. The PROMOTER/ DEVELOPER shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have rights, claims etc. against the PROMOTER/ DEVELOPER and that the PROMOTER/ DEVELOPER shall be released and discharged from all its liabilities under this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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POSSESSION OF THE COUNTRY HOME. 7.1 Schedule for possession of the Country Home: The PROMOTER/ DEVELOPER agrees and understands that timely delivery of possession of the Country Home to the Allottee and the Common Areas to the nominated maintenance agency is the essence of the Agreement. The PROMOTER/ DEVELOPER assures to hand over possession of the Country Home along with ready and complete common areas with all specifications, amenities and facilities of the Project (except Club which will be available upon completion of Complex) in place on ……………………….place, unless there is delay or failure due to war, flood, draught, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the PROMOTER/ DEVELOPER shall be entitled to the extension of time for delivery of possession of the Country Home. Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it become impossible for the PROMOTER/ DEVELOPER to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the PROMOTER/ DEVELOPER shall refund to the Allottee the entire amount received by the PROMOTER/ DEVELOPER from allotment within 45 (forty-five) days from that date. The PROMOTER/ DEVELOPER shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have rights, claims etc. against the PROMOTER/ DEVELOPER and that the PROMOTER/ DEVELOPER shall be released and discharged from all its liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE COUNTRY HOME. 7.1 Schedule for possession of the Country Home: The PROMOTER/ DEVELOPER agrees and understands that timely delivery of possession of the Country Home to the Allottee and the Common Areas to the nominated maintenance agency is the essence of the Agreement. The PROMOTER/ DEVELOPER assures to hand over possession of the Country Home along with ready and complete common areas with all specifications, amenities and facilities of the Project (except Club which will be available upon completion of Complex) in place on ……………on……………………., unless there is delay or failure due to war, flood, draught, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the PROMOTER/ DEVELOPER shall be entitled to the extension of time for delivery of possession of the Country Home. Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it become impossible for the PROMOTER/ DEVELOPER to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the PROMOTER/ DEVELOPER shall refund to the Allottee the entire amount received by the PROMOTER/ DEVELOPER from allotment within 45 (forty-five) days from that date. The PROMOTER/ DEVELOPER shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have rights, claims etc. against the PROMOTER/ DEVELOPER and that the PROMOTER/ DEVELOPER shall be released and discharged from all its liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

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POSSESSION OF THE COUNTRY HOME. 7.1 Schedule for possession of the said Country Home: The PROMOTER/ DEVELOPER Promoter agrees and understands that timely delivery of possession of the Country Home to the Allottee and the Common Areas common areas to the nominated maintenance agency association of allottees or the competent authority, as the case may be is the essence of the Agreement. The PROMOTER/ DEVELOPER Promoter assures to hand over possession of the Country Home along with ready and complete common areas with all specifications, amenities and facilities of the Project (except Club which will be available upon completion of Complex) in place on ………………………._, unless there is delay or failure due to war, flood, draught, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the PROMOTER/ DEVELOPER Promoter shall be entitled to the extension of time for delivery of possession of the Country Home. Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it become impossible for the PROMOTER/ DEVELOPER Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the PROMOTER/ DEVELOPER Promoter shall refund to the Allottee the entire amount received by the PROMOTER/ DEVELOPER Promoter from allotment within 45 (forty-five) days from that date. The PROMOTER/ DEVELOPER Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have rights, claims etc. against the PROMOTER/ DEVELOPER Promoter and that the PROMOTER/ DEVELOPER Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

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