Common use of POSSESSION OF THE SAID APARTMENT Clause in Contracts

POSSESSION OF THE SAID APARTMENT. 7.1 Schedule for delivery of the said Apartment:- The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A below. The Promoter assures to hand over the said Apartment unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project(“Force Majeure”) or due to reasons beyond control. If, however, the completion of the Project is delayed due to Force Majeure conditions or due to reasons beyond control, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall be terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the Allottee within 45 days from that date or within such further time as may be agreed between the parties. The 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 any rights, claims etc. whatsoever against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement and no other amount whatsoever shall be payable by the Promoter.

Appears in 1 contract

Samples: 202.61.117.163

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POSSESSION OF THE SAID APARTMENT. 7.1 7.1. Schedule for delivery possession of the said Apartment:- Said Apartment- The Promoter agrees and understands that timely delivery of possession of the said Said Apartment to the Allottee and the Common Areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A belowAgreement. The Promoter assures to hand over possession of the said Said Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Said Project in place on ………….., unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project(“Force project, insurrection, civil unrest, any rule or notification of the Government or any other public authority or any Act of Government such as change in legislation or enactment of new law, restrictive Governmental laws or regulations ("Force Majeure”) or due to reasons beyond control"). If, however, the completion of the Project Said Complex is delayed due to the Force Majeure conditions or due to reasons beyond controlconditions, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment Said Apartment. Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter to implement the project Said Project due to Force Majeure conditions, then this allotment shall be stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the Allottee (after deduction of any statutory charges payable to any authority for the time being in force) within 45 (forty five) days from that date or within such further time as may be agreed between the partiesdate. The Promoter shall intimate the Allottee about such termination at least (30) thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/he/ she shall not have any rightsright, claims etc. whatsoever against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement and no other amount whatsoever shall be payable by the PromoterAgreement.

Appears in 1 contract

Samples: Agreement for Sale for Wbhira

POSSESSION OF THE SAID APARTMENT. 7.1 Schedule for delivery possession of the said Apartment:- The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A belowbelow as also subject to Force Majeure and reasons beyond control. The Promoter Promoter, based on the approved plans and specifications, assures to hand over the said Apartment unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, epidemic, pandemic, lockdown, governmental restrictions or any other calamity caused by nature or anything affecting the regular development of the real estate project(“Force project (“Force Majeure”) or due to reasons beyond control. If, however, the completion of the Project is delayed due to Force Majeure conditions or due to for reasons beyond control, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall be terminated and the Promoter Promoter/Owners shall refund to the Allottee the entire amount received by the Promoter Promoter/Owners from the Allottee within 45 days from that date or within such further time as may be agreed between towards the parties. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such terminationTotal Price/Agreed Consideration. After refund notice of the money paid by the Allotteetermination, the Allottee agrees that he/she shall not have any rights, claims claims, etc. whatsoever against the Promoter Promoter/Owners and that the Promoter Promoter/Owners shall be released and discharged from all its obligations and liabilities under this Agreement and no other amount whatsoever shall be payable by the Promoter/Owners.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE SAID APARTMENT. 7.1 Schedule for delivery possession of the said Apartment:- Said Apartment- The Promoter agrees and understands that timely delivery of possession of the said Said Apartment to the Allottee and the Common Areas [subject to Clause 34] to the association of Allottee or the competent authority, as the case may be, is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A belowAgreement. The Promoter assures to hand over possession of the said Said Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the respective phases of the Said Complex in place on or before , except the operational SAC as provided herein, unless there is delay or failure due to war, flood, drought, fire, cyclone, epidemic, complete or partial lockdown, earthquake or any other calamity caused by nature affecting the regular development of the real estate project(“Force project, insurrection, civil unrest, any rule or notification of the Government or any other public authority or any Act of Government such as change in legislation or enactment of new law, restrictive Governmental laws or regulations ("Force Majeure”) or due to reasons beyond control"). If, however, the completion of the Project Said Complex is delayed due to the Force Majeure conditions or due to reasons beyond control, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment Said Apartment. Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter to implement the project Said Complex due to Force Majeure conditions, then this allotment shall be stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the Allottee (after deduction of any statutory charges payable to any authority for the time being in force) within 45 (Forty Five) days from that date or within such further time as may be agreed between the partiesdate. The Promoter shall intimate the Allottee about such termination at least thirty 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she she/they shall not have any rightsright, claims etc. whatsoever against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement Agreement. The Possession Date has been agreed and no other amount whatsoever shall be payable accepted by the PromoterAllottee. However, if the Said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/her/their payment obligations, having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction.

Appears in 1 contract

Samples: Format Agreement

POSSESSION OF THE SAID APARTMENT. 7.1 Schedule for delivery possession of the said Apartment:- The Promoter agrees Vendors agree and understands understand that timely delivery of possession of the said Apartment to the Allottee is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A below. The Promoter assures to hand over the said Apartment unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project(“Force project (“Force Majeure”) or due to reasons beyond control. If, however, the completion of the Project is delayed due to Force Majeure conditions or due to reasons beyond control, then the Allottee agrees that the Promoter Vendors shall be entitled to the extension of time for delivery of possession of the said Apartment Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter Vendors to implement the project Project due to Force Majeure conditions, then this allotment shall be terminated and the Promoter Owners shall refund to the Allottee the entire amount received by the Promoter Owners from the Allottee within 45 days from that date or within such further time as may be agreed between the parties. The Promoter Owners 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 any rights, claims etc. whatsoever against the Promoter Vendors and that the Promoter Vendors shall be released and discharged from all its their obligations and liabilities under this Agreement and no other amount whatsoever shall be payable by the PromoterVendors.

Appears in 1 contract

Samples: Agreement for Sale

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POSSESSION OF THE SAID APARTMENT. 7.1 Schedule for delivery possession of the said Apartment:- The Promoter agrees Vendors agree and understands understand that timely delivery of possession of the said Apartment to the Allottee is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A below. The Promoter assures to hand over the said Apartment unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project(“Force project (“Force Majeure”) or due to reasons beyond control. If, however, the completion of the Project is delayed due to Force Majeure conditions or due to reasons beyond control, then the Allottee agrees that the Promoter Vendors shall be entitled to the extension of time for delivery of possession of the said Apartment Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter Vendors to implement the project due to Force Majeure conditions, then this allotment shall be terminated and the Promoter Promoter/Owners shall refund to the Allottee the entire amount received by the Promoter Promoter/Owners from the Allottee within 45 days from that date or within such further time as may be agreed between the parties. The Promoter Promoter/Owners 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 any rights, claims etc. whatsoever against the Promoter Vendors and that the Promoter Vendors shall be released and discharged from all its their obligations and liabilities under this Agreement and no other amount whatsoever shall be payable by the PromoterVendors.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE SAID APARTMENT. 7.1 Schedule for delivery possession of the said Apartment:- The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee is the essence of the Agreement subject to full payment and compliance by the Allottee under this Agreement including as mentioned in Clause 7.1A below. The Promoter below as also subject to Force Majeure and reasons beyond control the Promoter, based on the approved plans and specifications, assures to hand over the said Apartment unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, epidemic, pandemic, lockdown, governmental restrictions or any other calamity caused by nature or anything affecting the regular development of the real estate project(“Force project (“Force Majeure”) or due to reasons beyond control. If, however, the completion of the Project is delayed due to Force Majeure conditions or due to for reasons beyond control, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment Provided that such Force Majeure conditions or reasons 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 becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall be terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the Allottee within 45 days from that date or within such further time as may be agreed between towards the parties. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such terminationTotal Price/Agreed Consideration without any interest. After refund notice of the money paid by the Allotteetermination, the Allottee agrees that he/she shall not have any rights, claims claims, etc. whatsoever against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement and no other amount whatsoever shall be payable by the Promoter.

Appears in 1 contract

Samples: Agreement for Sale

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