Common use of Purchaser’s Obligation Clause in Contracts

Purchaser’s Obligation. 8.1 It shall be obligation of the Purchaser to : (a) Make payment to the Vendor of all amounts as and when due and payable under this Agreement. (b) Not to do or cause to be done any act, deed or thing by virtue of which the construction at the Said Premises or of the Said Unit is hampered, obstructed, delayed or stopped. 8.2 As from the Date of Possession the Purchaser covenants: (a) To co-operate with the Vendor in the management and maintenance of the Building Complex constructed in the Said Premises and formation of the Association hereinafter referred to as Maintenance Organisation and the Purchaser and other Co owners of all the Units in the Building Complex shall become members of such Maintenance Organisation and undertake to pay their share(s) of deposits, subscription and such fees and charges as may be levied and decided by the Vendor and/or the Maintenance Organisation including maintenance charge regularly and on time. (b) To observe the Rules and Regulations framed from time to time either by the Vendor or by the Maintenance Organisation for the common purpose. (c) On prior notice to allow the Vendor with or without the workmen to enter into the Said Unit for completion, repairs and for the common purpose. (d) To pay and bear the Common Expenses more fully described in the 4th Schedule hereto, electricity and other utility charges and outgoings for the Said Unit, wholly and for the Common Areas & Facilities, proportionately. (e) To pay and bear the municipal rates, taxes, levies and other outgoings relating to the Common Areas & Facilities, proportionately and relating to the said Unit wholly. (f) Not to let out or part with possession of the Said Unit before giving prior intimation in writing to the Vendor or the Maintenance Organisation of the full particulars of the intended occupant and rent and all other charges and benefits receivable by the Purchaser in respect of the Said Unit (to the extent necessary for assessment of the liability for rates, taxes and other impositions) until separate assessment of the Said Unit (for the purpose of municipal tax) has been done in the name of the Purchaser. (g) Not to use the Said Unit or permit the same to be used for any illegal or immoral purpose. (h) The exterior of the Said Unit shall not be decorated or redecorated otherwise than in the manner agreed to with the Vendor in writing and in accordance with the general scheme of the new building(s). (i) No external wireless or television antenna shall be erected in locations other than the one specified by the Vendor or the Maintenance Organisation. (j) Not to sub-divide the Said Unit and/or the car parking space. (k) To use the car parking space(s) only for the purpose of parking of the cars and not to use the same for any other purpose whatsoever. (l) Not to place or store in the Common Areas or in the common corridors any goods or things whatsoever nor erect any cupboard nor create any obstruction etc. (m) Not to bring or permit to remain upon the Said Unit any machinery, goods or other articles which shall or may strain or damage any part of the Common Areas or the New Building. (n) Not to shift or obstruct any windows nor put any extra / box grills. (o) Not to do or permit any opening, structural change or change in elevation without the consent in writing of the Vendor or the Maintenance Organisation. (p) Not to throw any rubbish save to such extent and at such place or places as be permitted and specified by the Vendor or the Maintenance Organisation. (q) Not to do anything whereby the other unit owners or the co-purchasers or the co-transferees are obstructed in or prevented from enjoying their respective units, quietly and exclusively. (r) Not to claim any right over the space(s) earmarked and/or reserved by the Vendor for open car parking space(s) or for any other common or exclusive purpose. (s) To keep the Said Unit in good state of repairs and condition and to carry out necessary repairs or replacements as and when required. (t) Not to put any articles including nameplate and letter box save at the place approved or provided therefore by the Vendor and/or the Maintenance Organisation. (u) Not to bring nor store in the Said Unit any article or substances of combustible inflammable or dangerous nature and to comply with all recommendations of the fire authority as to fire precautions. (v) Not to discharge into any serving pipe, any oil grease or other material or substances which might be or become a source of danger or injury to the drainage system of the Said Unit in the Building Complex of the Said Premises or any part thereof. (w) To observe such other covenants as be deemed reasonable. (x) Not to install any additional air conditioner in the Said Unit, other than the ones installed by the Vendor. (y) Not to shift or change the location of the air conditioner(s), installed by the Vendor under any circumstances, without the previous written consent of the Vendor/Management Organization (z) To install the exhaust fan only at the place earmarked by the Vendor and not to shift or change the location marked for the exhaust fan(s) by the Vendor under any circumstances, without the previous written consent of the Vendor/Management Organization. (aa) Not to make any hole either to the beams or to the pillars nor put any weight/load on the beams and pillars. 8.3 The Purchaser shall pay the Advance Common Expenses as mentioned in clause 4.2(c) to the Vendor who shall maintain the Building Complex either directly or through the Maintenance Agency for a limited period of 12 (twelve) months from the Date of Possession. 8.4 Within one year from the Date of Possession , the Vendor will take steps for formation of the association which shall mean the Syndicate, Committee, Body, Society, Company or Association (hereinafter referred to as the “Maintenance Organization”) of the Unit owners in the New Building. The Maintenance Organization shall appoint a managing committee to look after the maintenance of the Said Complex. 8.5 The Purchaser shall pay punctually and regularly the Common Expenses from the Date of Possession to the Vendor/Maintenance Organisation based on the area of the Said Unit till such time the Maintenance Organisation is formed by the Vendor. The Vendor shall manage and maintain the Building Complex for which service, the Purchaser shall pay to the Vendor Advance Common Expenses as mentioned in Clause _4.2(c). 8.6 At or before the Date of Possession, the Purchaser shall pay the Sale Price as mentioned in Part I of the 6th Schedule and also pay the Extras and Deposits as mentioned in paragraph 4.1, 4.2 and 4.3 herein to the Vendor and until payment of the said Total Consideration is made by the Purchaser, the Vendor shall not be liable to deliver possession of the Said Unit to the Purchaser. 8.7 The amounts of deposit(s) as mentioned in the paragraph 4.1 and 4.2 herein shall not carry any interest and shall be utilised for the purpose for which the deposit is taken by the Vendor. After the formation of the Maintenance Organisation, the Vendor shall transfer the amount of Maintenance Deposit. 8.8 The Purchaser shall pay the Common Expenses more fully described in the 4th Schedule, electricity charges, municipal taxes, multi storied building and other taxes and all other outgoings relating to the Building and/or the Said Unit regularly, punctually and within the time to be specified by the Vendor and/or the Maintenance Organisation. In case the Purchaser fails and/or neglects to pay then the Purchaser shall be liable to pay interest @ 2% per month on the outstanding sum(s) to be calculated from the expiry of the date it becomes due and payable to the date of actual payment and at the discretion of the Vendor/Maintenance Organisation, the Purchaser shall not be entitled to use all such Common Areas & Facilities until and unless all the dues inclusive of interest have been paid.

Appears in 1 contract

Sources: Real Estate Purchase Agreement

Purchaser’s Obligation. 8.1 It shall be obligation of the Purchaser to : (a) Make payment to the Vendor Seller of all amounts due and payable and as and when due and payable under this Agreement. (b) Not to do or cause to be done any act, deed or thing by virtue of which the construction at the Said Premises or of the Said Unit is either hampered, obstructed, delayed or stopped. 8.2 As from the Date of Possession the Purchaser covenants: (a) To co-operate with the Vendor Seller in the management and maintenance of the Building Said Complex constructed in the Said Premises and formation of the Association hereinafter referred to as Maintenance Organisation and the Purchaser and other Co owners of all the Units in all the Building Complex Blocks shall become members of such Maintenance Organisation and undertake to pay their the share(s) of deposits, subscription and such fees and charges as may be levied and decided by the Vendor Seller and/or the Maintenance Organisation including maintenance charge regularly and on timeOrganisation. (b) To observe the Rules and Regulations framed from time to time either by the Vendor Seller or by the Maintenance Organisation for the common purpose. (c) On prior notice to allow the Vendor Seller with or without the workmen to enter into the Said Unit for completion, repairs and for the common purpose. (d) To pay and bear the Common Expenses more fully described in the 4th Schedule hereto, electricity and other utility charges and outgoings for the Said Unit, wholly and for the Common Areas & FacilitiesAreas, proportionately. (e) To pay and bear the municipal rates, taxes, levies and other outgoings relating to the Common Areas & Facilitiesnew building(s) / Building Complex, proportionately and relating PROVIDED the same relate to the said Unit wholly. (f) Not to let out or part with possession period commencing from the Date of Possession till the Said Unit before giving prior intimation in writing to the Vendor or the Maintenance Organisation of the full particulars of the intended occupant and rent and all other charges and benefits receivable by the Purchaser in respect of the Said Unit (to the extent necessary for assessment of the liability for rates, taxes and other impositions) until separate assessment of the Said Unit (for the purpose of municipal tax) has been done in the name of the Purchaseras a separate unit. (g) Not to use the Said Unit or permit the same to be used for any illegal or immoral purpose. (h) The exterior of the Said Unit shall not be decorated or redecorated otherwise than in the manner agreed to with the Vendor in writing and in accordance with the general scheme of the new building(s). (i) No external wireless or television antenna shall be erected in locations other than the one specified by the Vendor or the Maintenance Organisation. (j) Not to sub-divide the Said Unit and/or the car parking space. (kf) To use pay and bear the car parking space(s) only for the purpose of parking of the cars and not to use the same for any other purpose whatsoever. (l) Not to place or store in the Common Areas or in the common corridors any goods or things whatsoever nor erect any cupboard nor create any obstruction etc. (m) Not to bring or permit to remain upon the Said Unit any machinerymunicipal rates, goods or other articles which shall or may strain or damage any part of the Common Areas or the New Building. (n) Not to shift or obstruct any windows nor put any extra / box grills. (o) Not to do or permit any opening, structural change or change in elevation without the consent in writing of the Vendor or the Maintenance Organisation. (p) Not to throw any rubbish save to such extent and at such place or places as be permitted and specified by the Vendor or the Maintenance Organisation. (q) Not to do anything whereby the other unit owners or the co-purchasers or the co-transferees are obstructed in or prevented from enjoying their respective units, quietly and exclusively. (r) Not to claim any right over the space(s) earmarked and/or reserved by the Vendor for open car parking space(s) or for any other common or exclusive purpose. (s) To keep the Said Unit in good state of repairs and condition and to carry out necessary repairs or replacements as and when required. (t) Not to put any articles including nameplate and letter box save at the place approved or provided therefore by the Vendor and/or the Maintenance Organisation. (u) Not to bring nor store in the Said Unit any article or substances of combustible inflammable or dangerous nature and to comply with all recommendations of the fire authority as to fire precautions. (v) Not to discharge into any serving pipe, any oil grease or other material or substances which might be or become a source of danger or injury to the drainage system of the Said Unit in the Building Complex of the Said Premises or any part thereof. (w) To observe such other covenants as be deemed reasonable. (x) Not to install any additional air conditioner in the Said Unit, other than the ones installed by the Vendor. (y) Not to shift or change the location of the air conditioner(s), installed by the Vendor under any circumstances, without the previous written consent of the Vendor/Management Organization (z) To install the exhaust fan only at the place earmarked by the Vendor and not to shift or change the location marked for the exhaust fan(s) by the Vendor under any circumstances, without the previous written consent of the Vendor/Management Organization. (aa) Not to make any hole either to the beams or to the pillars nor put any weight/load on the beams and pillars. 8.3 The Purchaser shall pay the Advance Common Expenses as mentioned in clause 4.2(c) to the Vendor who shall maintain the Building Complex either directly or through the Maintenance Agency for a limited period of 12 (twelve) months from the Date of Possession. 8.4 Within one year from the Date of Possession , the Vendor will take steps for formation of the association which shall mean the Syndicate, Committee, Body, Society, Company or Association (hereinafter referred to as the “Maintenance Organization”) of the Unit owners in the New Building. The Maintenance Organization shall appoint a managing committee to look after the maintenance of the Said Complex. 8.5 The Purchaser shall pay punctually and regularly the Common Expenses from the Date of Possession to the Vendor/Maintenance Organisation based on the area of the Said Unit till such time the Maintenance Organisation is formed by the Vendor. The Vendor shall manage and maintain the Building Complex for which service, the Purchaser shall pay to the Vendor Advance Common Expenses as mentioned in Clause _4.2(c). 8.6 At or before the Date of Possession, the Purchaser shall pay the Sale Price as mentioned in Part I of the 6th Schedule and also pay the Extras and Deposits as mentioned in paragraph 4.1, 4.2 and 4.3 herein to the Vendor and until payment of the said Total Consideration is made by the Purchaser, the Vendor shall not be liable to deliver possession of the Said Unit to the Purchaser. 8.7 The amounts of deposit(s) as mentioned in the paragraph 4.1 and 4.2 herein shall not carry any interest and shall be utilised for the purpose for which the deposit is taken by the Vendor. After the formation of the Maintenance Organisation, the Vendor shall transfer the amount of Maintenance Deposit. 8.8 The Purchaser shall pay the Common Expenses more fully described in the 4th Schedule, electricity charges, municipal taxes, multi storied building levies and other taxes and all other outgoings relating to the Building and/or the Said Unit regularly, punctually and within the time to be specified by the Vendor and/or the Maintenance Organisation. In case the Purchaser fails and/or neglects to pay then the Purchaser shall be liable to pay interest @ 2% per month on the outstanding sum(s) to be calculated from the expiry of the date it becomes due and payable to the date of actual payment and at the discretion of the Vendor/Maintenance Organisation, the Purchaser shall not be entitled to use all such Common Areas & Facilities until and unless all the dues inclusive of interest have been paidwholly.

Appears in 1 contract

Sources: Real Estate Purchase Agreement

Purchaser’s Obligation. 8.1 It shall be obligation of the Purchaser to : (a) Make payment to the Vendor Developer of all amounts due and payable and as and when due and payable under this Agreement. (b) Not to do or cause to be done any act, deed or thing by virtue of which the construction at the Said Premises Portion or of the Said Unit is either hampered, obstructed, delayed or stopped. 8.2 As from the Date of Possession the Purchaser covenants: (a) To co-operate with the Vendor Developer in the management and maintenance of the Building new building(s)/Building Complex constructed in the Said Premises Portion and formation of the Association hereinafter referred to as the Maintenance Organisation and the Purchaser and other Co owners of all the Units in the Building Complex Blocks shall become members of such Maintenance Organisation and undertake to pay their the share(s) of deposits, subscription and such fees and charges as may be levied and decided by the Vendor Developer and/or the Maintenance Organisation including maintenance charge regularly and on timeOrganisation. (b) To observe the Rules and Regulations framed from time to time either by the Vendor Developer or by the Maintenance Organisation for the common purpose/expenses. (c) On prior notice to allow the Vendor Developer with or without the workmen to enter into the Said Unit for completion, repairs and for the common purpose. (d) To pay and bear the Common Expenses more fully described in the 4th Fourth Schedule hereto, electricity and other utility charges and outgoings for the Said Unit, wholly and for the Common Areas & FacilitiesAreas, proportionately. (e) To pay and bear the municipal rates, taxes, levies and other outgoings relating to the Common Areas & Facilitiesnew building(s) / Building Complex and/or the Said Portion, proportionately PROVIDED the same relate to the period commencing from the Date of Possession till the assessment of the Said Unit as a separate unit. (f) To pay and bear the municipal rates, taxes, levies and other outgoings relating to the said Said Unit wholly. (fg) Not to let out or part with possession of the Said Unit before giving prior intimation in writing to the Vendor and/or Developer or the Maintenance Organisation of the full particulars of the intended occupant and rent and all other charges and benefits receivable by the Purchaser in respect of the Said Unit (to the extent necessary for assessment of the liability for rates, taxes and other impositions) until separate assessment of the Said Unit (for the purpose of municipal tax) has been done in the name of the Purchaser. (gh) Not to use the Said Unit or permit the same to be used for any illegal or immoral purpose.purpose other than (hi) The exterior of the Said Unit shall not be decorated or redecorated otherwise than in the manner agreed to with the Vendor Developer in writing and in accordance with the general scheme of the new building(s). (ij) No external wireless or television antenna shall be erected in locations other than the one specified by the Vendor or the Maintenance Organisationerected. (jk) Not to sub-divide the Said Unit and/or the car parking space. (kl) To use the car parking space(s) only for the purpose of parking of the cars and not to use the same for any other purpose whatsoever. (lm) Not to place or store in the Common Areas or in the common corridors any goods or things whatsoever nor erect any cupboard nor create any obstruction etc. (mn) To observe and conform to all regulations and restrictions made by the Developer/ Maintenance Organisation (upon its formation) from time to time for the proper management and maintenance of the Building Complex. (o) Not to bring or permit to remain upon the Said Unit any machinery, goods or other articles which shall or may strain or damage any part or portion of the Common Areas or the New Buildingnew building(s) or the Said Portion. (np) Not to shift or obstruct any windows or lights nor put any extra / box grills. (oq) Not to do or permit any opening, structural change or change in elevation without the consent in writing of the Vendor Developer or the Maintenance Organisation. (pr) Not to throw any rubbish save to such extent and at such place or places as be permitted and specified by the Vendor Developer or the Maintenance Organisation. (qs) Not to do anything whereby the other unit owners or the co-purchasers or the co-transferees are obstructed in or prevented from enjoying their respective units, quietly and exclusively. (rt) Not to claim any right over the space(s) earmarked and/or reserved by the Vendor Developer for open car parking space(s) or for any other common or exclusive purpose. (su) To keep the Said Unit in good state of repairs and condition and to carry out necessary repairs or replacements as and when required. (tv) Not to put any articles including nameplate and letter box save at the place approved or provided therefore by the Vendor Developer and/or the Maintenance Organisation. (uw) Not to bring nor store in the Said Unit any article or substances of combustible inflammable or dangerous nature and to comply with all recommendations of the fire authority as to fire precautions. (vx) Not to discharge into any serving pipe, pipe any oil grease or other material or substances which might be or become a source of danger or injury to the drainage system of the Said Unit in or the Building Complex of in the Said Premises Portion or any part thereof. (wy) To observe such other covenants as be deemed reasonable. (xz) Not to install any additional air conditioner in the Said Unit, other than the ones installed by the Vendor. (y) Not to shift or change the location of the air conditioner(s), installed by the Vendor under any circumstances, without the previous written consent of the Vendor/Management Organization (z) To install the and/or exhaust fan only except at the place earmarked by the Vendor and not to shift or change the location marked for the exhaust fan(splace(s) by the Vendor under any circumstances, without the previous written consent of the Vendor/Management Organizationpreviously approved. (aa) Not to make any hole either to the beams or to the pillars nor put any weight/load on the beams and pillars. 8.3 The Purchaser shall pay the Advance Common Expenses as mentioned in clause 4.2(c) to the Vendor who shall maintain the Building Complex either directly or through the Maintenance Agency for a limited period of 12 (twelve) months from the Date of Possession. 8.4 Within one year from the Date of Possession , the Vendor will take steps for formation of the association which shall mean the Syndicate, Committee, Body, Society, Company or Association (hereinafter referred to as the “Maintenance Organization”) of the Unit owners in the New Building. The Maintenance Organization shall appoint a managing committee to look after the maintenance of the Said Complex. 8.5 The Purchaser shall pay punctually and regularly the Common Expenses from the Date of Possession to the VendorDeveloper/Maintenance Organisation based on the area of the Said Unit till Unit. Till such time the Maintenance Organisation is formed by the Vendor. The Vendor Developer, the Developer shall manage and maintain the Building Complex Complex, for which service, the Purchaser shall pay to the Vendor Advance Common Expenses as mentioned in Clause _4.2(c)Developer a fixed charge of Rs. 2.50p per square feet per month. 8.6 8.4 At or before the Date of Possession, the Purchaser shall pay the Sale Price Total Consideration as mentioned in Part I of the 6th Sixth Schedule to the Developer on behalf of the Vendor and also pay the Extras and Deposits as mentioned in paragraph 4.1, 4.1 and 4.2 and 4.3 herein to the Vendor Developer and until payment of the said Total Consideration is sums are made by the Purchaser, the Vendor Developer shall not be liable to deliver possession of the Said Unit to the Purchaser. 8.7 8.5 The amounts of deposit(s) as mentioned in the paragraph 4.1 and 4.2 herein shall not carry any interest and shall be utilised for the purpose for which the deposit is taken by the VendorDeveloper. After the formation of the Maintenance Organisation, the Vendor Developer shall transfer the amount of Maintenance DepositDeposit to the Maintenance Organisation after deducting the actual amount outstanding and receivable from the Purchaser. The account to be submitted by the Developer shall be final conclusive and binding on the Purchaser and he/she/they/it shall not be entitled to challenge and dispute the same. 8.8 8.6 The Purchaser shall pay the Common Expenses more fully described in the 4th Fourth Schedule, electricity charges, municipal taxes, multi storied building and other taxes and all other outgoings relating to the Building Complex and/or the Said Unit Portion regularly, punctually and within the time to be specified by the Vendor Developer and/or the Maintenance Organisation. In case the Purchaser fails and/or neglects to pay then the Purchaser shall be liable to pay interest @ 21.5% per month on the outstanding sum(s) to be calculated from the expiry of the date it becomes due and payable to the date of actual payment and at the discretion of the VendorDeveloper/Maintenance Organisation, the Purchaser Organisation shall not be entitled to use all such Common Areas & Facilities until and unless all the dues inclusive of interest have been paid.

Appears in 1 contract

Sources: Property Management & Real Estate