Sei sulla pagina 1di 3

NOW THE CANCELLATION / TERMINATION OF ALLOTMENT AGREEMENT

WITNESSETH ASHEREUNDER:

1. With Reference to clause 7.2 of the ALLOTMENT AGREEMENT Dated xxxx


entered between both PARTIES, are mutually agreeing and Terminating the
ALLOTMENT AGREEMENT, due to the reason stated above.
2. By virtue of this Cancellation/ Termination Agreement , the ALLOTMENT
AGREEMENT stands cancelled/ terminated as on this date and the Unit no PL00294
in the project Emprasa Startup City- IT Park shall revert back to the DEVELOPER
and by virtue of the same the DEVELOPER has agreed to refund an amount
totalling to …………………………………………………………………..which was
paid by the Purchaser/s at the time of entering into ALLOTMENT
AGREEMENT.

a) Upon the cancellation of the ALLOTMENT AGREEMENT as referred above


in accordance with the terms of this Deed and receipt of all payments under,
ALLOTMENT AGREEMENT, each party irrevocably and unconditionally
waives and forever releases, dismisses, exonerates, and discharges the other
Party, its affiliated companies and each of their respective successors, assigns or
transferees, and each of their respective officers, directors, employees, agents and
legal representatives from any and all, now or hereafter, actions, causes of action,
suits, damages, promises, debts, claims, counterclaims, obligations, guarantees
and liabilities of whatever nature resulting from or arising out of , directly or
indirectly, the failure of any Party to have performed its/ his/ her/ their
obligations or any other agreement, deed, arrangement, understanding whether
recorded.

b) The Parties agree and acknowledge that all obligations and duties of the Parties
shall terminate and be of no further force or effect as of the date of this deed.

3. The Purchaser or their respective successors, assigns or transferees, and legal


representatives (Release Beneficiaries) shall not have any right or claims over the
agreement or property.

4. Representation and Warranty:


A. Upon execution hereof, the DEVELOPER shall have no liability and/or
responsibility towards the Purchaser/s, as well as no other claims and/ or demand
from the purchaser or any person who may claim, in terms of the ALLOTMENT
AGREEMENT.

B. Upon execution hereof the Purchaser/s shall have no other or further claims
and/or demand against DEVELOPER (including any rights, title and interest
whatsoever) towards the said Unit in terms of the ALLOTMENT
AGREEMENT. Developer shall be at liberty to deal with said Unit as per their
discretion and requirement. The Purchaser/s has not created any charge and/or
claim and/or assignment of rights arising out of the ALLOTMENT
AGREEMENT on the said unit and undertakes to indemnify the Developer from
any loss and/or damage arising out of such charge/claim/assignment on the said
unit by the Purchaser/s, if any.

1. The Parties to this agreement hereby declare that any right or obligations under said
ALLOTMENT AGREEMENT is hereby terminated and released and hereby fully
and completely forever discharged and release each other from the same and
Developer is hereby having full right to sell and deal with the said unit and/or any
other amenities/ facilities associated with the said Unit.

2. The Purchaser undertakes to safeguard the interest of Developer and to keep them
harmless against any claims or demand made or proceedings initiated by any third
party (including any legal heir, successor, creditor and/or assignee of the Purchaser)
claiming to the lawful owner or trustee of the said Unit. The said claim or demands
includes any damage, interest or cost thereof.

3. Upon execution of this agreement, the Purchaser and/or any person or entity
claiming to be the representative(s) of the Purchaser shall not have any claim over
the said Unit and/or demand of any nature whatsoever against the Developer.

4. The Parties do hereby agree to execute all further and other deeds, documents and
writings as may be required for the confirmation and implementation of the terms and
conditions recorded herein.

5. This deed, together with the other documents referred to herein including, without
limitation, the ALLOTMENT AGREEMENT and any other agreements as may be
entered into amongst the Parties, constitute the entire agreement, and supersedes all
prior agreements and understandings, both written and oral, between the parties with
respect to the subject matter hereof.

6. COSTS: Each of the Parties shall, save and except as provided herein, bear all costs
and expenses incurred by it and pay its own costs, charges and expenses (including
taxation and the professional fees of legal, financial and technical advisors) incurred
in connection with negotiating this deed and in preparing and implementing this deed
and the transactions contemplated by it. Save as provided herein, all stamp duty and
registration costs in connection with this deed shall be borne by the Purchaser.

7. ENTIRE AGREEMENT: This deed, together with the other documents referred to
herein including, without limitation, ALLOTMENT AGREEMENT and any other
agreements as may be entered into amongst the Parties, constitute the entire
agreement, and supersedes all prior agreements and understanding, both written and
oral, between the Parties with respect to the subject matter hereof.

8. AMENDMENT AND WAIVER: No amendment of any provision of this deed shall


in any event be effective unless the same shall be in writing and signed by all the
Parties hereto.

9. JURISDICTION AND DISPUTE RESOLUTION: This agreement and the rights of


the Parties hereunder shall be construed, interpreted and enforced in accordance with
the laws of India. The Parties agreed that they will use all reasonable efforts to
resolve any disputes between themselves through negotiations. The courts at
Bengaluru shall have exclusive jurisdiction to try any suits and other proceedings with
regard to this Deed.

Potrebbero piacerti anche