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i.
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The registered Body/Welfare Association shall not utilize or permit to utilize the
said parks belonging to Municipal Corporation, Gurgaon for any other purpose whatsoever
except to maintain it as a green. The registered body shall ensure that no encroachment
is made in the park.
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ii.
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That the ownership control, possession and supervision of said parks shall remain
with Municipal Corporation, Gurgaon and the registered body will only have the right
to display its name on a small board of the size not more than 4` x 2½ as approved
by the commissioner Municipal Corporation, Gurgaon or any other officer empowered
by him on his behalf and the number of such boards shall not be more than four i.e.,
on each entry for the park the decision of the Commissioner Municipal Corporation,
Gurgaon or any other officer empowered by him on his behalf shall be final. The
inscription on the board shall be approved by the commissioner Municipal Corporation,
Gurgaon or any other officer empowered by him on his behalf.
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iii.
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The registered body/welfare association shall not have any right, title or interest
in the greeneries of said Municipal Corporation, Gurgaon parks nor shall it be deemed
to have possession or be considered as deemed conferred with any right, title or
interest in respect of the said greeneries/parks except the permission to maintain
the said park for a specified period.
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iv.
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(That the registered body/welfare association shall prominently display that the
said park is a Municipal Corporation, Gurgaon Park. The fact that the registered
body/welfare association has only been permitted to maintain the park.
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v.
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That the registered body/welfare association shall be paid at Rs. 1/- per sqm/month
to cover the entire costs and expenses on the Maintenance of the said Municipal
Corporation, Gurgaon park
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vi.
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That the registered body/welfare association be solely responsible for keeping the
said Municipal Corporation, Gurgaon park in neat and healthy condition to the satisfaction
of commissioner Municipal Corporation, Gurgaon or any other officer empowered by
him on his behalf and association should not permit park for holding marriage and
functions etc. for holding of marriage or other religious functions, approval of
Municipal Corporation, Gurgaon will be obtained.
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vii.
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That the said Municipal Corporation, Gurgaon Park shall be open to the general public
without any restraint/entry fee or prohibition whatsoever. The registered body/welfare
association shall not transfer the maintenance of park to any other person, society,
company, department, organization etc. And the association shall not enter into
sub agreement for maintenance etc with others
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viii.
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That the registered body/welfare association shall enter into an agreement for maintenance
of the said Municipal Corporation, Gurgaon Park with Municipal Corporation, Gurgaon.
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ix.
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That in the event of termination of agreement prior to agreed period or on expiry
of period of the agreement for maintenance to the said Municipal Corporation, Gurgaon
park, All assets (Movable and Immovable), shall vest with Municipal Corporation,
Gurgaon
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x.
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That the registered body/welfare association shall not remove of cut any plant,
tree etc. including any other item from the said mcg park
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xi.
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That the registered body/welfare association shall not erect, construct or put any
sort of structure, movable or immovable, temporary or permanent or semi-permanent
without the written consent of Commissioner Municipal Corporation, Gurgaon or any
other officer empowered by him on his behalf for the purpose of maintenance of the
said Municipal Corporation, Gurgaon Park.
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xii.
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That in case the registered body or welfare association wants to install any pipeline,
etc for maintenance purpose of parks/green space the registered body/welfare association
shall not do so without the written permission of Commissioner Municipal Corporation,
Gurgaon or any other officer empowered by him on his behalf and expenses thereof
shall be borne by the registered body/welfare association itself and the registered
body/welfare association shall not claim any money, compensation or loss for the
same at the expiry the agreement as referred to in a para is here-in above and the
same shall become the property of Municipal Corporation, Gurgaon
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xiii.
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That in case of any breach or violation of any terms and conditions of this agreement
for the maintenance of the said park the agreement shall stand terminated and the
decision of the commissioner Municipal Corporation, Gurgaon or any other officer
empowered by his on his behalf shall be final. However, before the intimation of
termination proceeding the registered body/welfare association would be given a
15 days to show cause notice to explain the position.
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xiv.
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That the registered Body/Welfare Association not be entitled to allow any other
person to develop the park or any part thereof. Even in the event of winding up
of the registered body/welfare association or registered body/welfare association
insolvent or dissolved, the agreement of maintenance of park shall stand terminated
automatically and transferees assignees etc. of the Registered Body/Welfare association
shall not be entitled to continue with the maintenance of the said Municipal Corporation,
Gurgaon park and shall not claim any right, title or interest in the said park.
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xv.
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That the registered Body/Welfare Association shall be responsible for all damages
or loss of property of the said Municipal Corporation, Gurgaon park due to threasures
for which it or its servant are directly responsible and shall be liable to make
good any loss or damages that may be sustained by Municipal Corporation, Gurgaon
except those due to normal wear and tear or such as caused by storms, earthquakes
or any other officer empowered by him on his behalf with regard to the extent and
quantum of compensation to be paid to the Municipal Corporation, Gurgaon shall be
final and binding upon the registered body/welfare association.
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xvi.
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That all and difference arising out of or any way touching or concerning the agreement,
regarding maintenance of Municipal Corporation, Gurgaon park otherwise herein before
provided for shall be referred to sole arbitration to Commissioner Municipal Corporation,
Gurgaon or his Nominee. There will be no Objection to any such appointment, that
the arbitrators appointed is a government servant or that he had to deal with the
matter of which this indenture refers and that during the course of his duties as
such government servants has expressed views on all or any other matters in dispute
of differences. The award of the arbitrator so appointed shall be final and binding
upon the parties.
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xvii.
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That the registered Body/Welfare Association shall also abide by all the instructions
and order issued by Commissioner Municipal Corporation, Gurgaon or any other officer
empowered by him to it from time to time.
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xviii.
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That the registered Body/Welfare Association shall not use the flowers or any fruit,
plants etc. for sale for any commercial use and responsibility of agency is to keep
the park green and free from all encroachment/misuse etc.
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xix.
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That the Municipal Corporation, Gurgaon will not be responsible or liable for paying
any consideration or damages to the Registered Body/Welfare Association in case
of any loss caused by theft, fire and natural calamities, riots or for any other
reason whatsoever. The Municipal Corporation, Gurgaon shall be free to remove to
clean the land from all the features created by the agency or termination of the
agreement.
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xx.
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That the Municipal Corporation, Gurgaon shall have no liability (Civil or Criminal)
in respect of any third person against the registered body/ welfare association
in connection with the maintenance of the said Municipal Corporation, Gurgaon park.
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xxi.
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That the Municipal Corporation, Gurgaon shall have the right to post its supervisor
in the said Municipal Corporation, Gurgaon park at their discretion and its officers
of authorized representatives shall have the access to it at all hours to the said
Municipal Corporation, Gurgaon parks or any other part thereof and the registered
body/welfare association shall have no objection whatsoever for the same.
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xxii.
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That the Municipal Corporation, Gurgaon shall be free to use to the said Municipal
Corporation, Gurgaon park for any purpose whatsoever and the registered body/welfare
association shall not raise any objection to it on any ground whatsoever.
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xxiii.
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The Municipal Corporation, Gurgaon shall be competent to dispose of or sell the
timber, trees and other forest, produce etc. of the said Municipal Corporation,
Gurgaon park being the owner thereof.
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xxiv.
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That the stamp duty payable for the execution of the agreement of maintenance of
the said Municipal Corporation, Gurgaon park shall be borne by the Registered Body/Welfare
Association.
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