THE ALLOTTEE SHALL. 2.1 Maintain the Project in general and the Building where the Flat is situate for the purposes, with the intent and object for which the same is constructed. 2.2 Assist the Developer to form the Association of Flat Acquirers, if the Developer so desires and strictly abide by all the Rules and Regulations of the Association so formed. 2.3 Co-operate and assist in all manner with the Developer/FMC/Association, as the case may be, in carrying out its day to day activities and obligations and, in particular, abide by, observe and/or perform all the relevant laws, terms, conditions, rules and regulations regarding usage and/or operation of water, electricity, drainage, sewerage, lifts, tube ▇▇▇▇▇, generator and/or other installations and/or amenities in the Building, Project and its service zone including without limitation those under the West Bengal Fire Service Act, 1974 and/or the rules made thereunder, and shall indemnify and keep the Developer/FMC/Association, as the case may be, saved, harmless and indemnified from and against all losses, damages, costs, claims, demands, actions and/or proceedings that the Developer/FMC/Association, as the case may be, may suffer or incur due to any non-abidance, non-observance, non-performance, default or negligence on the part of the Allottee. 2.4 Maintain, at their own costs, the Flat in the same good condition, state and order in which the same is be delivered to him/her/it, normal wear and tear accepted. 2.5 Abide by and/or comply with all statutory laws, bye-laws, rules, regulations and/or restrictions that are to be abided by or complied with by the owners and occupiers of multi storied buildings in the state of West Bengal, including relevant laws with respect to maintenance of mandatory open spaces. 2.6 Pay regularly and punctually every month and month by month, the common area maintenance charges at such rates as may be decided, determined and apportioned by the Developer to the Developer and upon the formation of the Association to such Association, without any abatement or demand, payable with effect from the day month and year first above written in the possession letter. NOTWITHSTANDING anything included or not included within the scope of this clause but in the opinion of the Developer and/or Association or Facility Management Company are issues or subject matters of common interest, the Allottee undertakes not to oppose the decisions taken by the Developer and/or Association or Facility Management Company, on such issues. The statement of account of the apportionment of the common area maintenance charges as prepared by the Owners and/or Developer and/or Facility Management Company and/or upon the formation of the Association shall be conclusive and final. 2.7 Pay the charges for electricity only relating to the Flat and proportionately relating to the Building and Project common portions, utilities and facilities. 2.8 Pay proportionate charges for electricity, including those for loss of transmission, till such time a separate meter is not installed for the Flat and after such installation, timely pay all charges and/or deposits to ensure that none of the other Flat Acquirers the or Developer/FMC/Association, as the case may be, is hindered in any manner for any non or untimely payment. 2.9 Pay the proportionate rates, charges and fees of the Barasat Municipal Corporation ("BMC") till such time the Flat is not mutated and separately assessed by the BMC and thereafter timely pay all rates and taxes of the BMC to ensure that none of the other Flat Acquirers or the Developer/FMC/Association, as the case may be, is affected in any manner for any non or untimely payment. 2.10 Pay such further deposits as be required by the Developer/FMC/Association, as the case may be, from time to time. 2.11 Maintain and be responsible for the structural stability of the Flat and not to do any act, matter or thing which may affect the structural stability of the Building.
Appears in 1 contract
Sources: Agreement for Sale
THE ALLOTTEE SHALL. 2.1 Maintain the Project in general and the Building where the Flat is situate for the purposes, with the intent and object for which the same is constructed.
2.2 Assist the Developer to form the Association/Association of Flat Acquirers, if the Developer so desires and strictly abide by all the Rules and Regulations of the Association so formed.
2.3 Co-operate and assist in all manner with the Developer/FMC/Association, as the case may be, in carrying out its day to day activities and obligations and, in particular, abide by, observe and/or perform all the relevant laws, terms, conditions, rules and regulations regarding usage and/or operation of water, electricity, drainage, sewerage, lifts, tube ▇▇▇▇▇, generator and/or other installations and/or amenities in the Building, Project and its service zone including without limitation those under the West Bengal Fire Service Act, 1974 and/or the rules made thereunder, and shall indemnify and keep the Developer/FMC/Association, as the case may be, saved, harmless and indemnified from and against all losses, damages, costs, claims, demands, actions and/or proceedings that the Developer/FMC/Association, as the case may be, may suffer or incur due to any non-abidance, non-observance, non-non- performance, default or negligence on the part of the Allottee.
2.4 Maintain, at their own costs, the Flat in the same good condition, state and order in which the same is be delivered to him/her/it, normal wear and tear accepted.
2.5 Abide by and/or comply with all statutory laws, bye-laws, rules, regulations and/or restrictions that are to be abided by or complied with by the owners and occupiers of multi storied buildings in the state of West Bengal, including relevant laws with respect to maintenance of mandatory open spaces.
2.6 Pay regularly and punctually every month and month by month, month the common area maintenance charges at such rates as may be decided, determined and apportioned by the Developer to the Developer and upon the formation of the Association to such Association, without any abatement or demand, payable with effect from the day month and year first above written in the possession letter. NOTWITHSTANDING anything included or not included within the scope of this clause but in the opinion of the Developer and/or Association or Facility Management Company are issues or subject matters of common interest, the Allottee undertakes not to oppose the decisions taken by the Developer and/or Association or Facility Management Company, on such issues. The statement of account of the apportionment of the common area maintenance charges as prepared by the Owners Vendors and/or Developer and/or Facility Management Company and/or upon the formation of the Association shall be conclusive and final.
2.7 Pay the charges for electricity only relating to the Flat and proportionately relating to the Building and Project common portions, utilities and facilities.
2.8 Pay proportionate charges for electricity, including those for loss of transmission, till such time a separate meter is not installed for the Flat and after such installation, timely pay all charges and/or deposits to ensure that none of the other Flat Acquirers or the or Developer/FMC/Association, as the case may be, is hindered in any manner for any non or untimely payment.
2.9 Pay the proportionate rates, charges and fees of the Barasat Kolkata Municipal Corporation ("BMC"“KMC”) till such time the Flat is not mutated and separately assessed by the BMC KMC and thereafter timely pay all rates and taxes of the BMC KMC to ensure that none of the other Flat Acquirers or the Developer/FMC/Association, as the case may be, is affected in any manner for any non or untimely payment.
2.10 Pay such further deposits as be required by the Developer/FMC/Association, as the case may be, from time to time. .
2.11 Maintain and be responsible for the structural stability of the Flat and not to do any act, matter or thing which may affect the structural stability of the Building.
2.12 Use the Flat, the Car Parking Space(s) and the common portions carefully, peacefully and quietly and only for the purpose for which it is meant unless otherwise approved.
2.13 Sign such forms, give such authorities and render such co-operation as may be required by the Developer/FMC/Association, as the case may be.
2.14 Pay, wholly in respect of the Flat and proportionately in respect of the Building and Project, all costs, charges and expenses as may arise due to any reason whatsoever provided that the Allottee shall have the right to claim reimbursement if the same be occasioned due to default by any other person.
2.15 Allow the Developer/FMC/Association, as the case may be, with or without workmen, upon prior reasonable notice to enter into the Flat.
2.16 Ensure that the entirety of Project is maintained in a decent manner.
2.17 Pay, and undertake to pay, such damages on demand as ascertained by the Developer/FMC/Association, as the case may be, for the breach of any of the covenants herein contained within the due date therefore as mentioned in the demand.
2.18 Pay and undertake to pay interest at the rate of 2% per month in the event the Allottee fail or neglects to pay the damages for the breach of any covenant from the due date of demand till the date of payment and hereby further undertakes that in the event the said damages and the interest thereon is not paid within 60 (sixty) days from the date of demand, the Allottee shall not use, till such time the entirety of the said damages and the interests thereon are paid, any of the utilities and facilities in the Building including without limitation the water supply, gas, electricity and lift and hereby authorises the Developer/FMC/Association, as the case may be, to discontinue any or all the facilities and utilities.
2.19 Observe, perform and comply with the conditions mentioned in other parts of this Schedule.
2.20 Co-operate with the other co-purchasers and the Developer or the Association or the FMC in the management and maintenance of the said New Building.
2.21 The Allottee acknowledge that the Complex is being constructed over the said Premises and the Separated Area and the Excluded Area do not form part of the said Premises. The Allottee further acknowledges that pursuant to discussions, the Owners and PS Highrise Private Limited have agreed to grant a right of access / passageway for the said Complex through the Excluded Area and the Separated Area subject to the conditions that (a) the Owners and PS Highrise will be permitted to undertake construction on the said Separated Area and the Excluded Area respectively at present not forming part of the said Premises and
Appears in 1 contract
Sources: Sale Agreement
THE ALLOTTEE SHALL. 2.1 Maintain the Project in general and the Building where the Flat is situate for the purposes, with the intent and object for which the same is constructed.
2.2 Assist the Developer to form the Association of Flat Acquirers, if the Developer so desires and strictly abide by all the Rules and Regulations of the Association so formed.
2.3 Co-operate and assist in all manner with the Developer/FMC/Association, as the case may be, in carrying out its day to day activities and obligations and, in particular, abide by, observe and/or perform all the relevant laws, terms, conditions, rules and regulations regarding usage and/or operation of water, electricity, drainage, sewerage, lifts, tube ▇▇▇▇▇, generator and/or other installations and/or amenities in the Building, Project and its service zone including without limitation those under the West Bengal Fire Service Act, 1974 and/or the rules made thereunder, and shall indemnify and keep the Developer/FMC/Association, as the case may be, saved, harmless and indemnified from and against all losses, damages, costs, claims, demands, actions and/or proceedings that the Developer/FMC/Association, as the case may be, may suffer or incur due to any non-abidance, non-observance, non-performance, default or negligence on the part of the Allottee.
2.4 Maintain, at their own costs, the Flat in the same good condition, state and order in which the same is be delivered to him/her/it, normal wear and tear accepted.
2.5 Abide by and/or comply with all statutory laws, bye-laws, rules, regulations and/or restrictions that are to be abided by or complied with by the owners and occupiers of multi storied buildings in the state of West Bengal, including relevant laws with respect to maintenance of mandatory open spaces.
2.6 Pay regularly and punctually every month and month by month, the common area maintenance charges at such rates as may be decided, determined and apportioned by the Developer to the Developer and upon the formation of the Association to such Association, without any abatement or demand, payable with effect from the day month and year first above written in the possession letter. NOTWITHSTANDING anything included or not included within the scope of this clause but in the opinion of the Developer and/or Association or Facility Management Company are issues or subject matters of common interest, the Allottee undertakes not to oppose the decisions taken by the Developer and/or Association or Facility Management Company, on such issues. The statement of account of the apportionment of the common area maintenance charges as prepared by the Owners and/or Developer and/or Facility Management Company and/or upon the formation of the Association shall be conclusive and final.
2.7 Pay the charges for electricity only relating to the Flat and proportionately relating to the Building and Project common portions, utilities and facilities.
2.8 Pay proportionate charges for electricity, including those for loss of transmission, till such time a separate meter is not installed for the Flat and after such installation, timely pay all charges and/or deposits to ensure that none of the other Flat Acquirers or the or Developer/FMC/Association, as the case may be, is hindered in any manner for any non or untimely payment.
2.9 Pay the proportionate rates, charges and fees of the Barasat Durgapur Municipal Corporation ("BMC"“DMC”) till such time the Flat is not mutated and separately assessed by the BMC DMC and thereafter timely pay all rates and taxes of the BMC DMC to ensure that none of the other Flat Acquirers or the Developer/FMC/Association, as the case may be, is affected in any manner for any non or untimely payment.
2.10 Pay such further deposits as be required by the Developer/FMC/Association, as the case may be, from time to time. .
2.11 Maintain and be responsible for the structural stability of the Flat and not to do any act, matter or thing which may affect the structural stability of the Building.
2.12 Use the Flat, the Car Parking Space(s) and the common portions carefully, peacefully and quietly and only for the purpose for which it is meant unless otherwise approved.
2.13 Sign such forms, give such authorities and render such co-operation as may be required by the Developer/FMC/Association, as the case may be.
2.14 Pay, wholly in respect of the Flat and proportionately in respect of the Building and Project, all costs, charges and expenses as may arise due to any reason whatsoever provided that the Allottee shall have the right to claim reimbursement if the same be occasioned due to default by any other person.
2.15 Allow the Developer/FMC/Association, as the case may be, with or without workmen, upon prior reasonable notice to enter into the Flat.
2.16 Ensure that the entirety of Project is maintained in a decent manner.
2.17 Pay, and undertake to pay, such damages on demand as ascertained by the Developer/FMC/Association, as the case may be, for the breach of any of the covenants herein contained within the due date therefore as mentioned in the demand.
2.18 Pay and undertake to pay interest at the rate of 2% per month in the event the Allottee fail or neglects to pay the damages for the breach of any covenant from the due date of demand till the date of payment and hereby further undertakes that in the event the said damages and the interest thereon is not paid within 60 (sixty) days from the date of demand, the Allottee shall not use, till such time the entirety of the said damages and the interests thereon are paid, any of the utilities and facilities in the Building including without limitation the water supply, gas, electricity and lift and hereby authorises the Developer/FMC/Association, as the case may be, to discontinue any or all the facilities and utilities.
2.19 Observe, perform and comply with the conditions mentioned in other parts of this Schedule.
2.20 Co-operate with the other co-purchasers and the Developer or the Association or the FMC in the management and maintenance of the said New Building.
2.21 Allow the Owner to install Neon Sign on the ultimate roof or on the facade or terrace of the building or a portion of the boundary wall and the Allottee(s) hereby consents and waives all rights to enable the Owner to put up such neon sign, and agrees not to raise any objection or claim whatsoever. The Owner shall be entitled to use the lifts, stair case, common parts and portions for the purpose of erection, repair and replacement of such neon signs
2.22 The Allottee acknowledge that the Complex is being constructed over the said Premises and the Separated Area and the Excluded Area do not form part of the said Premises. The Allottee further acknowledges that pursuant to discussions, the Owners have agreed to grant a right of access / passageway for the said Complex through the Excluded Area and the Separated Area subject to the conditions that (a) the Owners will be permitted to undertake construction on the said Separated Area and the Excluded Area respectively at present not forming part of the said Premises and (b) the Owners will, subject to necessary sanctions, be permitted to amalgamate the land comprising the Separated and the Excluded Area with the said Premises as part of the Complex. The Allottee acknowledge and has provided its consent / no-objection to such conditions and further agrees to provide its consent if so required by any Governmental Authority to effectuate the amalgamation. The Allottee further acknowledges and agrees that in the event that the Allottee are unwilling to grant their consent to the amalgamation of the Excluded and the Separated Area with the said Premises, the said Premises, the Owners, whilst exercising their rights in and over the said Excluded Area and the Separated Area shall be permitted to withdraw the right of access/passageway granted over their respective lands and shall further be entitled to undertake such construction on the Excluded and the Separated Area as may be permissible under applicable laws.
Appears in 1 contract
Sources: Sale Agreement