The Cancellation of Development Agreement is a crucial document used when parties to a development project in India decide to terminate their existing arrangement, either by mutual consent or due to specific triggering events. This document becomes necessary when development plans change, projects become unviable, or parties need to part ways due to various circumstances. It must comply with Indian contract law, RERA regulations, and state-specific real estate laws. The agreement typically includes provisions for financial settlements, property handover, permit transfers, and mutual releases. It serves as a formal record of the termination and helps prevent future disputes by clearly documenting the terms of separation and each party's rights and obligations post-cancellation.
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1. Parties: Details of the parties to the agreement - typically the Developer/Builder and the Property Owner/Land Owner
2. Background: Reference to the original Development Agreement, its date, basic scope, and brief context for the cancellation
3. Definitions: Key terms used in the agreement including reference to defined terms from the original Development Agreement
4. Effective Date of Cancellation: Specific date from which the cancellation takes effect
5. Acknowledgment of Termination: Mutual acknowledgment that the Development Agreement is terminated and no longer in force
6. Settlement of Accounts: Details of any financial settlements, refunds, or payments between parties
7. Return of Documents and Materials: Provisions for returning all relevant documents, plans, permits, and materials
8. Mutual Release: Release of claims and obligations between parties related to the original agreement
9. Confidentiality: Obligations regarding confidential information post-cancellation
10. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction
11. Execution: Signature blocks and execution formalities
1. Recitals of Default: Include when cancellation is due to specific defaults or breaches by either party
2. Handover of Site: Include when physical possession of property needs to be returned
3. Treatment of Approvals and Permits: Include when dealing with existing governmental approvals and permits
4. Compensation for Work Done: Include when partial work has been completed and needs to be compensated
5. Third Party Rights: Include when there are existing commitments to third parties that need to be addressed
6. Survival Clauses: Include when certain obligations from original agreement need to survive cancellation
7. Non-Compete/Restriction: Include when parties want to restrict future development rights
8. Indemnification: Include when specific indemnities are required post-cancellation
1. Schedule 1 - Original Development Agreement: Copy or details of the original Development Agreement being cancelled
2. Schedule 2 - Property Details: Description and details of the property subject to the development agreement
3. Schedule 3 - Settlement Statement: Detailed breakdown of financial settlements between parties
4. Schedule 4 - List of Documents to be Returned: Comprehensive list of all documents, plans, and materials to be returned
5. Schedule 5 - Status Report: Current status of development work, if any commenced
6. Appendix A - Form of Release: Template of mutual release documents to be executed
7. Appendix B - Handover Checklist: Checklist for property/site handover process if applicable
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