Common use of Special Facilities Clause in Contracts

Special Facilities. (a) The Promoter proposes to set up a club with the facilities including swimming pool and gymnasium within the Project (“Special Facilities”) which will be accessible to all the owners/lawful occupants of the various Apartments in the Project. The facilities proposed within the said club may vary at the discretion of the Promoter. (b) The Special Facilities will be managed, operated and maintained by the Promoter or an agency appointed by the Promoter for the said purpose. The operational costs/charges of the Special Facilities will be determined by the Promoter at its sole discretion and the cost shall be borne, paid by the owners/lawful occupants of various Apartments in the Project within such periods as informed by the Promoter. (c) The detailed terms and conditions of membership and rules and regulations governing use of the Special Facilities will be formulated and circulated to all the owners/lawful occupants of various Apartments in the Project before the same are operational. Any person accessing the Special Facilities will be required to abide by these rules and regulations. (d) Any person accessing the Special Facilities will have to pay charges as per usage basis for specific facilities. The rate of charges will be determined by the Promoter before the same is made operational and intimated to all owners/lawful occupants of various Apartments in the Project. (e) All Allottee/s will get access to the Special Facilities as and when the same is ready for operation which shall create a right of use subject to payment of charges and observance of applicable rules, regulations and bye-laws. No right or lien of any nature whatsoever will be created or deemed to be created in favour of the Allottee/s in respect of the assets of the Special Facilities. (f) The right to use of Special Facilities shall be transferable along with the transfer of the Apartment from one person to another. Upon transfer/nomination of the Apartment from the Allottee/s to any other person, the right of the Allottee/s to use and avail the Special Facilities will stand terminated. In the event the Apartment is leased/rented out by the Allottee/s,only the occupant of the Apartment shall be entitled to make use of the Special Facilities and the Allottee/s shall not be entitled to use the Special Facilities. (g) The charge for operation and maintenance of the Special Facilities will be handed-over to the Association simultaneously with the handover of maintenance of the Project to the Association or at a later date as decided by the Promoter. (h) It is clarified that non-completion or non-operation of Special Facilities shall not be deemed as delay in handing over the possession of the Apartment and the Allottee/s shall take possession of the Apartment even if Special Facilities are not complete or non- operational.

Special Facilities. (a) The Promoter Seller proposes to set up a club with the facilities including swimming pool and gymnasium within the Project (“Special Facilities”) which will be accessible to all the owners/lawful occupants of the various Apartments units in the Project. The facilities proposed within the said club may vary at the discretion of the PromoterSeller. (b) The Special Facilities will be managed, operated and maintained by the Promoter Seller or an agency appointed by the Promoter Seller for the said purpose. The operational costs/charges of the Special Facilities will be determined by the Promoter Seller at its sole discretion and the cost shall be borne, paid by the owners/lawful occupants of various Apartments units in the Project within such periods as informed by the PromoterSeller. (c) The detailed terms and conditions of membership and rules and regulations governing use of the Special Facilities will be formulated and circulated to all the owners/lawful occupants of various Apartments units in the Project before the same are operational. Any person accessing the Special Facilities will be required to abide by these rules and regulations. (d) Any person accessing the Special Facilities will have to pay charges as per usage basis for specific facilities. The rate of charges will be determined by the Promoter Seller before the same is made operational and intimated to all owners/lawful occupants of various Apartments units in the Project. (e) All AllotteePurchaser/s will get access to the Special Facilities as and when the same is ready for operation which shall create a right of use subject to payment of charges and observance of applicable rules, regulations and bye-laws. No right or lien of any nature whatsoever will be created or deemed to be created in favour of the AllotteePurchaser/s in respect of the assets of the Special Facilities. (f) The right to use of Special Facilities shall be transferable along with the transfer of the Apartment Unit from one person to another. Upon transfer/nomination of the Apartment Unit from the AllotteePurchaser/s to any other person, the right of the AllotteePurchaser/s to use and avail the Special Facilities will stand terminated. In the event the Apartment Unit is leased/rented out by the AllotteePurchaser/s,only , the occupant of the Apartment Unit shall be entitled to make use of the Special Facilities and the AllotteePurchaser/s shall not be entitled to use the Special Facilities. (g) The charge for operation and maintenance of the Special Facilities will be handed-over to the Association simultaneously with the handover of maintenance of the Project to the Association or at a later date as decided by the PromoterSeller. (h) It is clarified that non-completion or non-operation of Special Facilities shall not be deemed as delay in handing over the possession of the Apartment Unit and the AllotteePurchaser/s shall take possession of the Apartment Unit even if Special Facilities are not complete or non- non-operational.