Common use of Schedule for possession of the Apartment Clause in Contracts

Schedule for possession of the Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association, is the essence of this Agreement. The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the 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 Project or such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court (“Force Majeure”). If, however, the completion of the Project is delayed due to Force Majeure, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment.‌ 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 becomes impossible for the Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. 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/ she shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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Schedule for possession of the Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the AssociationAssociation of allottees of the Luxury Zone and Luxury portion of the Future Development on its formation or to the Competent Authority, as the case may be, is the essence of this the Agreement. The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas common areas of the Project with all specifications, amenities and facilities of the Project (except certain facilities of Club which will be available upon completion of all the Towers/ Phases of the Luxury Zone) in place, place on [•] , unless there is delay or failure due to war, flood, droughtdraught, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the Project or such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court real estate project (“Force Majeure“ FORCE M AJEURE”). If, however, the completion of the Project is delayed due to the Force Majeure, Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment.‌ Provided Apartment. 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 becomes become impossible for the Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty forty-five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such timethat date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) 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 rights, claims, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Greement for Sale

Schedule for possession of the Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association, is the essence of this Agreement. .The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place, on [•] 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 Project or such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court (“Force Majeure”). If, Majeure”).If,however, the completion of the Project is delayed due to Force toForce Majeure, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment.‌ 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 becomes impossible for the Promoter to implement the Project due to Force toForce Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. 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/ she she/ it shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

Schedule for possession of the Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association, is the essence of this Agreement. The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place, on [•] August 31, 2020 , 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 Project or such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court (“Force Majeure”). If, however, the completion of the Project is delayed due to Force Majeure, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment.‌ 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 becomes impossible for the Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. 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/ she she/ it shall not have any rights, claims, etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

Schedule for possession of the Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association, is the essence of this Agreement. The Promoter assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place, on [•] April 10, 2025, 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 Project or such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court (“Force Majeure”). If, however, the completion of the Project is delayed due to Force Majeure, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment.‌ 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 becomes impossible for the Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. 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/ she she/ it shall not have any rights, claims, etc. against the Promoter and that the 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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Schedule for possession of the Apartment. The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottees and the Common Areas to the Association, association of Allottees is the essence of this the Agreement. The Promoter Developer assures to hand over possession of the Apartment to the Allottee, along with ready and complete right to use Common Areas with all specifications, amenities and facilities of the Project to be in place, on [•] , place by-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 Project or such handover of possession is delayed on account of any notice, order, rule, notification of (the government and/or other public or competent authority/ court (Force MajeureFORCE MAJEURE”). If, however, the completion of the Project is delayed due to the Force Majeure, Majeure conditions then the Allottee Allottees agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Apartment.‌ Provided Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the Said–Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee Allottees the entire amount received by the Promoter Developer from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such timethat date. The Promoter Developer shall intimate to the Allottee Allottees about such termination at least 30 (thirty) thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she the Allottees shall not have any rights, claims, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

Schedule for possession of the Apartment. The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the AssociationApartment, is the essence of this Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment to the Allottee, along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place, on [•] or before , 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 Project or such handover of possession is delayed on account of any notice, order, rule, notification of the government and/or other public or competent authority/ court (“Force Majeure”). If, however, the completion of the the‌ Project is delayed due to Force Majeure, then the Allottee agrees that the Promoter shall be entitled to extension of time for delivery of possession of the Apartment.‌ Apartment. 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 becomes impossible for the Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty five) days from the date of termination without any interest or compensation and after deduction of such other tax/levy as may be applicable at such time. 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 rights, claims, etc. against the Promoter and that the 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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